Location: Rep.of Ireland
Northern Ireland
Location: Rep.of Ireland
Northern Ireland
Home / Articles / 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)
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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 Reference
    DEC-P2014-001 & DEC-P2014-002
  • Legal Body
    Equality Tribunal (EQT)
  • Type of Claim / Jurisdiction
    Discrimination, Pensions
Issues covered: Pensions Acts 1990-2012; Equal Pension Treatment; Age; Frivolous; Vexatious and Misconceived, Correct Respondent, Rules of Pension Scheme

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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This article is correct at 01/12/2015
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Bernadette Treanor
Beo Solutions

The main content of this article was provided by Bernadette Treanor. Contact telephone number is +353 86 6024 411 or email bernadette@beosolutions.ie

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