The Industrial Cases Reports
[2012] ICR 354
Court of Appeal
Copple and others v Littlewoods plc and others
[2011] EWCA Civ 1281
2011 Oct 11;
Nov 8
Mummery, Elias, Davis LJJ
Discrimination— Sex— Equal pay — Pension scheme— Part-time employees excluded from voluntary pension scheme— Equality clause to be implied while scheme remaining discriminatory— Whether employees who would not have joined entitled to declaration of entitlement to access during period scheme closed to them— Whether declarations in favour of employees who would have joined continuing once scheme open to them— Whether remedy of discretionary declaration sufficient—
Equal Pay Act 1970 (c 41), s 1(1)(2) (as substituted by Sex Discrimination Act 1975 (c 65), s 8(1))
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Occupational Pension Schemes (Equal Access to Membership) Regulations 1976 (SI 1976/142), regs 10(1), 12