Exclusion from workplace pension in 1990s

jlstxi

hi everyone

My female partner worked for a private company in 1990s and was told that women couldn’t join the pension scheme. She never filled in any forms either to join or opt out but I’ve just read that that was made illegal in 1970s. She’s 62 now and getting prepared for retirement and my question is - is there anything she can do about this. The company still exists

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/6657146/exclusion-from-workplace-pension-in-1990s

Employer pension schemes were not compulsory until 2012 so no need to opt out, nothing she can do at this stage.

LightFlare

Did she start a private pension instead ?

Woodstok2000

Does she have evidence in writing of that advice?

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/comment/81901583#Comment_81901583

The limitation period is three months for an ET or six months to commence court proceedings from the date of the incident. Thirty years or more after the fact even if there is written evidence it is worthless.

Silvertabby

Was she part time? Not unusual for part timers - both male and female - to be excluded from pension fund membership before 1995.

Marcon

https://forums.moneysavingexpert.com/discussion/comment/81901633#Comment_81901633

…and was she on a permanent contract? It was common to see a provision in the rules restricting membership to 'full time permanent staff' - equality still had a long way to go!

I'm afraid either way it's much too late to do anything about it.

Andy_L

https://forums.moneysavingexpert.com/discussion/comment/81901711#Comment_81901711

The 1970 act also only required equality for work that was the same or of equivalent weight. So it was allowed for, eg typing pool staff wouldn't get a pension while Engineers would, in the 70's that would have a very obvious gender bias. Which today would be caught under indirect discrimination but was allowed at the time

Woodstok2000

https://forums.moneysavingexpert.com/discussion/comment/81901591#Comment_81901591

There are many ways to sort out issues without going to court. Building a decent body of evidence would allow the OP to open a conversation with the company and see if a reasonable compromise could be achieved.

Marcon

https://forums.moneysavingexpert.com/discussion/comment/81902268#Comment_81902268

The company won't be remotely interested in 'opening a conversation'. Given the time which has elapsed (and the possibility OP's partner wasn't actually eligible for scheme membership), they have no need to give any thought to a 'reasonable compromise'. Why would they?

MattMattMattUK

https://forums.moneysavingexpert.com/discussion/comment/81902268#Comment_81902268

The company have no liability, why would they open any kind of "conversation", or do anything that cost them money?