The Fire Brigades Union (FBU) and over 200 judges are in court this week fighting the government on what they claim is pension discrimination.

The cases are being held together due to overlapping issues, which led to the Employment Tribunal ordering they be heard together. In its original case, the FBU lost against the government that transitional arrangements for the 2015 Firefighter’s Pension Scheme did not discriminate on the grounds of age, sex or race.

However, in the case for the judges, the Employment Tribunal held that the Ministry of Justice and the Lord Chancellor had discriminated against younger judges by requiring them to leave the Judicial Pension Scheme in April 2015, whilst allowing older judges to remain in the scheme, and that this discrimination could not be justified.

The government, however, has appealed the decision in relation to the judges, whereas the firefighters are appealing against the government.

Representing the judges, Bindmans LLP partner and head of employment department Shah Qureshi said: “It is clear these reforms discriminate against younger judges and disproportionately impact on women and ethnic minorities. So the key question is whether protecting those closest to retirement at the expense of younger judges, women and ethnic minorities is legitimate and proportionate.

“The employment tribunal did not believe the changes were justified. The onus is on the government to justify the changes and explain why it believes the tribunal's judgment was flawed.”

In addition, the FBU said that the government admits that changes to its pension arrangements are age discrimination, but argues that they were making a ‘social policy choice’ and as such don’t need to justify it.

“They argue that they were ‘protecting members nearer retirement’ and that younger workers would be able to make lifestyle adjustments to cope.The FBU argues that the government is an employer and this is a matter of how employers treat their employees – and by law they can’t discriminate on the basis of protected characteristics – like age.”

The case is expected to conclude today.

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