Copple & Ors v Littlewoods Plc & Ors - equality clauses, and the effect on part-timers who would not have joined pension scheme anyway

Exclusion of a part-time woman employee from a pension scheme is, in itself, a breach of the equality clause and so a detriment to her since it denied her the right to choose whether to join the scheme or not. However, the declaration of the equality clause is an effective remedy, in that it removes the barrier to access to the scheme. There is no requirement to go beyond that, so as to allow a woman who would not in any event have joined to now be entitled, retrospectively, to pay the necessary contributions and obtain the benefits of membership.

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