Cockburn, R (on the application of) v Secretary of State for Health - NHS pension scheme discrimination against widowers is objectively justified

The NHS Pension Scheme makes less favourable provision for the widowers of GP's, as against the widows of GP's, by not taking account of service prior to 1988. This apparent discrimination is, however, objectively justified on the grounds that complete retrospective equalisation of pension rights would cause too great a financial burden on either scheme members or taxpayers, and it was not supported by the scheme members at the time provision for widowers was introduced.