Civil Service Pension - Equalities Act

RetSol

I am looking for some Forumite wisdom regarding a potential disability discrimination claim connected with a civil service pension/voluntary severance payment.

I worked in the civil service between 1993 and 2010.  I took voluntary severance in December 2010 and  recently claimed a deferred Classic pension.  Between 2003 and 2010, I worked part-time as a reasonable adjustment on the grounds of disability.  I understood at the time that I was accruing pension on the basis of my part-time hours. The statement of deferred benefits which I received on leaving the civil service and the subsequent annual benefit statements which I received from Civil Service Pensions were compiled on this basis.

In the course of obtaining a quotation of my deferred benefits early this year, I discovered that CSP were crediting me with full-time service throughout. When I asked the pensions administrator why my reckonable service was not now being reduced on account of my part-time hours, he told me: "Because it's medical....".

A few Google searches later, I believe that I have established that, as a result of the passing of the Equalities Act 2010 (in force in October 2010), the reduction in reckonable service in the 2010 calculation is now considered to amount to unlawful disability discrimination. 

Since the 2010 severance payment was based on the calculation of reckonable service made in December 2010, it would now seem that I have a claim for additional severance pay.  I estimate the shortfall to be in the region of £6,500.00 (gross).

My question is whether anyone has experience of claiming additional severance pay under similar circumstances or has any tips on handling the claim.  For example, it is not entirely clear to me whether I should approach CSP or my former civil service employer for payment of the shortfall. 

Before the disability discrimination issue came to light, I had already made a complaint under CSP's two-stage IDR procedure for delay in processing the application for the pension.  I have received a Stage 1 determination and I propose to appeal against the determination. One option, in the first instance, is to seek to get the severance pay shortfall dealt with under Stage 2.  

theoretica

Did the CSP pay your severance?  If not, I doubt they are the people to go after.  Were you a union member in 2010?  It might be worth asking if the would consider helping if you were a member at the time.