Pike v (1) Somerset County Council (2) Sec'y of State for Education & Skills - Pool for comparison in part-time pension cases  EAT
The pool for comparison in part-time pension cases should not include those "uninterested" in the rule under challenge
Teacher Mrs Pike worked full-time and was a member of the teacher's pension scheme (TPS). She retired, and then returned to work part-time. This part-time work did not reckon towards her pension under the TPS. This litigation by 74 teachers, of which this is the test case, challenges this rule - the only one in the TPS that distinguished between full and part-timers.
An Employment Judge, noting that the "disadvantaged" in the pool were the "part-time returners", ruled that the pool for comparison of advantage and disadvantage was "the whole of the membership of the profession to which the [TPS], of which the offending requirement or provision is merely one of a number of rules, applies". Mrs Pike appealed.