McNamara and seven others v ESB (DEC-P2014-001 ), and McNamara and seven others v Trustees of the ESB Defined Benefit Scheme (DEC-P2014-002)Posted In: Case Law
Case ReferenceDEC-P2014-001 & DEC-P2014-002
Legal BodyEquality Tribunal
Type of Claim / JurisdictionDiscrimination and Equality, Pensions
The complainants, eight in all, lodged complaints against two respondents in respect of the same complaint which was that the application of the pension levy on them and the consequential effect on their pension benefits amounted to discrimination of them on the age ground. Both respondents raised preliminary issues and requested that they be addressed in the first instance and the Equality Officer decided to do that.
The first ESB argued that it was a stranger to the complaints, and in the alternative, that the claims were time-barred and that the claims did not relate to a rule of the scheme. The second respondent, the Trustees of the Scheme argued that the complaints were
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