The BMA is supporting its members affected by the McCloud pension age discrimination in lodging an injury to feelings claim. The Government were found to have acted unlawfully when they introduced the 2015 pension scheme and this has resulted in significant stress, anxiety and financial detriment for many of our members. We believe that you deserve compensation for this.
Injury to feelings claims
An injury to feelings claim is a claim for compensation for the upset, distress or anxiety that you have suffered as a result of discrimination. Members have reported such injury arising in a number of ways, including being made to feel humiliated by additional tax demands when colleagues have not received the same, being bullied by older colleagues who were not affected by the same issue, and anxiety or distress caused by the financial consequences of the changes, such as making financial decisions they would not otherwise had need to.
There is no doubt that many members have been adversely impacted. As well as facing the same discrimination as other groups of public sector workers, younger members that were discriminated against by being moved to the 2015 scheme in 2015 have suffered further injury in terms of being treated more harshly in respect to pension taxation as a result. Furthermore, they have been left with the added uncertainty about the level of their pension savings and the stress and anxiety of having to navigate the complexities of reassessing their pension and tax position for the years of the remedy period.
BMA’s group legal claim
This process is fully funded and supported by the BMA
We have instructed an external law firm, Capital Law (with the support of Carson McDowell in Northern Ireland), to act for and represent members in these claims, so that members do not need to issue their own individual claims.
Further detail of the level of representation and its terms and conditions has been provided to members who have registered to be included in this group action.
Capital Law has been sending communications to those who are part of the group claim and has issued surveys to collect information that the Tribunal has requested in England & Wales (and we expect the devolved nations will follow so are collecting information for members across the four nations). It is important to note that these surveys are mandatory, and you must continue to engage with Capital Law throughout the process to remain in the group claim.
If you do not respond to these surveys by the set deadlines, then unfortunately, Capital Law and Carson McDowell can no longer represent you and will take action to remove you from the group claim.
At this stage in the legal process, we are unable to take on any new claimants on the basis that the claims have now been filed with the Tribunal in each respective jurisdiction.
You must also remain a member of the BMA throughout the duration of the claim to stay in the process, otherwise you will become ineligible. It is of note that cancelling your membership and re-joining part-way through the claim will not make you re-eligible to participate in this claim.
We expect that the hearing date for these claims will be sometime in late 2026.
If you have any questions regarding this group claim, please contact [email protected].