The Secretary of State for Work and Pensions v (1) Mr D Beattie and sixteen others (2) 20-20 Trustee Services Ltd (3) Federal Mogul Ltd
| Jurisdiction | UK Non-devolved |
| Judge | Mrs Justice Eady |
| Neutral Citation | [2022] EAT 163 |
| Subject Matter | Not landmark |
| Court | Employment Appeal Tribunal |
| Published date | 27 October 2022 |
Judgment approved by the Court for handing down: SOS FOR WORK AND PENSIONS v BEATTIE AND ORS
Page 1
© EAT 2022 [2022] EAT 163
Neutral Citation Number: [2022] EAT 163
Case No: EA-2022-000116-VP
IN THE EMPLOYMENT APPEAL TRIBUNAL
Rolls Building
Fetter Lane, London, EC4A 1NL
Date: 27 October 2022
Before :
THE HONOURABLE MRS JUSTICE EADY DBE, PRESIDENT
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Between :
THE SECRETARY OF STATE FOR WORK AND PENSIONS Appellant
- and –
(1) MR D BEATTIE AND SIXTEEN OTHERS
(2) 20-20 TRUSTEE SERVICES LIMITED
(3) FEDERAL MOGUL LIMITED Respondents
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Claire Darwin (instructed by Government Legal Department) for the Appellant
Andrew Short KC and Bianca Venkata (instructed by Walkers Solicitors) for the First
Respondents
Naomi Ling (instructed by Osborne Clarke) for the Second Respondent
The Third Respondent did not appear and was not represented
Hearing date: 22 September 2022
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JUDGMENT
This judgment was handed down by the Judge remotely by circulation to the parties'
representatives by email and release to The National Archives. The date and time for hand-
down is deemed to be 14:00 on Thursday 27 October 2022
Judgment approved by the Court for handing down: SOS FOR WORK AND PENSIONS v BEATTIE AND ORS
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© EAT 2022 [2022] EAT 163
Judgment approved by the Court for handing down: SOS FOR WORK AND PENSIONS v BEATTIE AND ORS
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© EAT 2022 [2022] EAT 163
Summary
Age discrimination – non-discrimination rule in occupational pension – section 61 Equality Act 2010
– exemption under Equality Act (Age Exceptions for Pension Schemes) Order 2010 – application of
European Union (Withdrawal) Act 2018
Upon the insolvency of their former employer, because they had not then reached normal pension
age, the claimants suffered reductions in their occupational pension benefits as a result of the
application of section 138 Pensions Act 2004. They complained that this amounted to unlawful age
discrimination, being a breach of the non-discrimination rule under section 61 Equality Act 2010
(“EqA”); they argued that the exception allowed under the Equality Act (Age Exceptions for
Pension Schemes) Order 2010 (“the 2010 Order”) ought to be disapplied as it was incompatible
with general principles of European Union (“EU”) law, alternatively was incompatible with the
Council Directive 2000/78/EC (the “Framework Directive”). The ET upheld the claimants’ claims
and disapplied the relevant provision of the 2010 Order. The secretary of state (who did not appear
before the ET) appealed.
Held: allowing the appeal in part
Reading the ET’s decision fairly and as a whole, it was apparent that its reasoning was based on the
principle of non-discrimination/equal treatment, as a general principle of EU law. It had not made
the error of treating the Framework Directive as directly effective as against the pension scheme
trustee, which could not be characterised as an emanation of the state.
Prior to 1 December 2006 (the date of the domestic implementation of the Framework Directive as
regards age in relation to pensions), the claimants had all left pensionable service, their pension
benefits had come into payment, the assessment period had commenced, and the requirement to
reduce the claimants’ benefits had been imposed. The secretary of state and trustee contended that, in
those circumstances, the claimants’ rights had become definitive such that the ET’s decision was
contrary to the no retroactivity principle. The ET had, however, found that there was an on-going
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