PFEW Pensions Update

6 December 2021

Pension Challenge Claimants Update

We became aware (29/11) that members of the pension challenge group represented by Leigh Day Solicitors have been notified that a settlement offer has been made in respect of compensation. 

Understandably members who lodged claims with PFEW have been in contact to understand what, if anything, that means for their claim. 

The PFEW claims are separate and the settlement discussions with Leigh Day on behalf of their clients do not relate to those lodged by Penningtons. The Penningtons claims are not as far along the legal route having been lodged more recently. What, if any compensation should be awarded to those claims will be considered by the Court at a later date.

Please also note, the window to join the PFEW Claim with Penningtons has closed.

Immediate Detriment Guidance Update

The Treasury issued guidance earlier this year to Chief Constables advising them on the steps to take for pension scheme members who are part of the effected group and were looking to retire.  The purpose of the guidance was to provide the ability for those individuals to have the remedy period classed as having been in their original pension scheme and retire with those benefits notwithstanding that the necessary legislative changes to implement the remedy have yet to occur.

Whilst working on the details of how the remedy will be implemented, the Treasury identified unintended difficulties the use of the guidance might cause.  For example, the interaction with existing Tax legislation. They have now, therefore,  withdrawn the guidance.

Across the Country there was a mixed picture of take-up of the guidance with some Forces implementing the guidance and others declining to do so.  Whilst the decision as to whether to continue to offer individuals seeking to retire the ability to elect to have the remedy period classed as time in their original pension scheme remains one for each Chief Constable, the withdrawal of the guidance is likely to be a persuasive factor in that decision.

PFEW continues to be of the view that those who have suffered unlawful discrimination should have this rectified and should not suffer any further detriment due to the time lag whilst the remedy is designed and implemented. 

The implementation of the immediate detriment guidance may cause challenges for Government, but it is unacceptable that the solution is for those who have suffered discrimination to be further disadvantaged before the situation is remedied.

PFEW are currently in the process of identifying suitable cases to progress a legal challenge on the issue.