Six Top Tips To Avoid An Age Discrimination Claim

In our alert last week, we provided a refresher of the law in relation to age discrimination and pension schemes. Here, we follow up by providing our top tips for both employers and trustees to ensure compliance with the law and to minimise the risks and costs of an age discrimination claim.

Age Audit Your Scheme

If they haven't done so recently, you should carry out a review of the pension scheme rules and practices with your advisers, asking whether:

• There are any rules or practices which may be potentially age discriminatory;
• If the answer to 1 is yes, whether the provision falls within a statutory exemption;
• If the answer to 2 is no, establishing whether the provision is capable of being objectively justified