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NHS pension scheme update

27 June, 2019

A legal ruling about the firefighters' pension scheme could have implications for NHS staff.

Paul Moloney, the Society's industrial relations manager, explained, "The SoR had previously expressed concern about the implications for the NHS pension scheme of an appeal court ruling, the McCloud judgement. The ruling itself related to the firefighters' scheme but could potentially affect our members. 

“We have today heard that the government have not been given leave to appeal and that the judgement stands. While we recognise this is important for firefighters, we are not convinced that the age discriminatory circumstances of this scheme are replicated by NHS pensions," Paul continued.

"We will be working with other unions and our own experts to assess this."

The Society will talk with the government to implement three objectives, that:

  1. This ruling is not used to increase SoR members' pension contributions, which are already high.
  2. The defined benefit nature of the scheme is maintained for all members.
  3. Where there are clear examples of discrimination involving members, this is remedied urgently.

Members will be updated once discussions with other NHS and wider public service unions and professional bodies have taken place.

The SoR are consulting with lawyers regarding the Flowers v East of England judgement, which confirmed that under Agenda for Change conditions of employment, non-guaranteed overtime should be included when calculating holiday pay.

Paul added, “We are obtaining a view on the implications for members in the NHS, but also whether the ruling can be used to assist members in the private sector who may be particularly disadvantaged.”

More information will follow.

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