R (Delve) v Secretary of State for Work and Pensions

Subject Matter

DISCRIMINATION — Sex — State pension — Legislation raising state pension age for women in certain age groups — Claims of discrimination by women in youngest group — Whether those in oldest group unaffected by legislative changes valid comparators — Whether less favourable treatment on ground of age — Whether difference in treatment justified — Whether sufficient causal link between legislative provisions and disadvantage suffered — Whether provisions indirectly discriminatory on ground of sex — Whether difference in treatment with men of same age justified — Whether duty to notify those affected by change in state pension age — Pensions Act 1995 (c 26) — Human Rights Act 1998 (c 42), Sch 1, Pt I, art 14, Pt II, art 1 — Pensions Act 2007 (c 22) — Pensions Act 2011 (c 19) — Pensions Act 2014 (c 19)

[2020] EWCA Civ 1199; [2021] ICR 236; [2021] 3 All ER 115; [2020] WLR(D) 507, CA

Appellate History

Commentary

Barbara Rich (via Medium)
A #BackTo60 Setback Case comment

Transparency Project
A #BackTo60 Setback Case comment

UK Human Rights Blog
Court of Appeal dismisses challenge to increase in state pension age Case comment