Do I need to make a claim for age discrimination because of the McCloud judgement?

Last updated: 18 Jun 2020

You do not need to make a claim for the remedy to the discrimination to apply. The Government has conceded that discrimination occurred and announced that the remedy will apply across the public sector schemes, irrespective of whether individual claims have been submitted. You can read the written statement here.

In a successful discrimination claim there are two main elements to compensation. Firstly a tribunal can award damages in respect of the financial loss suffered, the Government’s statement referred to above should cover this element for most people. The second part of any claim would be for injury to feelings. Injury to feelings compensation can be very unpredictable and is usually dependent on the individual claimant giving evidence about the level of distress caused to them by the discriminatory action. But in a case like this, which affects multiple claimants and is in respect of changes to the pension scheme, any award is likely to be at the lower end.

We are also aware of a union that has announced it is looking to take forward claims for ‘injury to feelings’ and other loses on behalf of its members that have experienced detriment caused by the discrimination.

For most members there is no need to make a claim immediately, as the time limit for commencing a claim in the tribunal in this sort of claim would be three months from the end of employment (this can be complicated so please seek individual advice if you have retired or left employment for other reasons).

If you’ve experienced additional losses or believe you have a claim for injury to feelings, then there may be grounds for a separate claim. If won this could provide compensation in addition to the remedy determined by the Government commitment.  If you would like to explore this please contact us and we will provide further advice.

Prospect will be keeping a close eye on the changes to the scheme and will update these pages as developments occur.