Unions launch legal fight for gay pension rights
The Government is facing a union-backed legal challenge over pension schemes that discriminate against gay and lesbian workers.
TUC affiliated unions have lodged papers with the High Court because they believe that new regulations, which are meant to outlaw discrimination on the grounds of sexual orientation in employment, are not being correctly implemented.
The unions argue that aspects of the Government’s Employment Equality (Sexual Orientation) Regulations 2003, which should give lesbian and gay people additional legal protection, will actually end up discriminating against them.
One of the new regulations will allow UK pension schemes to continue to discriminate in favour of married people, which the TUC believes amounts to indirect discrimination as gay people are not able to marry their partners. In most cases, if one half of a gay couple dies their pension payments cannot be transferred to the surviving partner.
There is also concern about another clause which will allow religious organisations to continue barring lesbian, gay or bisexual people from working for them.
TUC General Secretary Brendan Barber explained that, as a whole, the new sexual orientation regulations will make a real difference to gay people, giving them real legal protection at work for the first time.
However he added: ‘It is unfortunate that the Government has decided to exempt those working for religious organisations and wants to bar lesbians and gay men from receiving benefits from certain pension schemes.’
Eight different unions are behind the legal challenge, including Amicus, Unison, the NUT and the National Union of Rail, Maritime and Transport Workers.
