Pension age discrimination claims (McCloud remedy) - ‘injury to feelings’

Advice on making an injury to feelings claim in relation to unfair age discrimination in the NHS pension scheme.

Updated: Wednesday 14 February 2024
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In December 2023, we wrote to members informing them of our intention to support the first stage of the process of making injury to feelings claims in relation to pension age discrimination. This involved making a submission to ACAS for Early Conciliation. That process will soon close and members will have a limited timeframe thereafter in which to bring claims in the Employment Tribunal.

Over the Christmas period, we have carefully considered how we can support members in bringing these claims and are pleased to confirm that we have instructed an external law firm, Capital Law, 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 that representation and its terms and conditions will be provided to members who register to be included in this group action.

We are grateful for those who have already expressed their interest in this claim, be that by completing the previous form sent in December or through direct approach to the BMA. We now require further action from all members who wish to participate in this process, including those who have already registered their interest.

Making an injury to feeling claim

The survey to take part in the BMA’s action has now closed.

Thank you to everyone who completed the survey. You should receive details of the next steps and what further information may be required of you from Capital Law, who we have instructed to act on your behalf.

If you have any questions regarding this survey, please either contact [email protected] or call the BMA’s First Point of Contact on 0300 123 1233.

 

Injury to feeling 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.

As we communicated in December, the Pensions Committee have been working with BMA Legal to explore the prospects of bringing claims for compensation for ‘injury to feelings’ that may have resulted from this discrimination.

There is no doubt that many of us 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 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.