Does the Public Service Pensions & Judicial Offices Act 2022 (PSP&JOA 2022) remedy the discrimination identified by the Court of Appeal?
Together with changes being made through tax regulations using the powers in the Finance Act 2022 and scheme regulations made under the Act, the PSP&JO Act will provide a remedy for all those affected by the discrimination identified by the Court of Appeal.
This remedy will apply equally to claimants in the employment tribunal and non-claimants and there is no need to make a claim to the employment tribunal to benefit from the changes.
Why doesn’t the remedy offer compensation for non-financial losses?
The remedy is intended to put scheme members back into the same financial position as if the discrimination had not occurred. This includes provisions to allow schemes to provide compensation for financial losses where members can demonstrate they would previously have taken a different course of action were it not for the discrimination. If members feel they have suffered additional losses this would need to be taken up through the normal channels.
Why have some groups received settlement payments, will I get one?
The remedy is intended to put scheme members back into the same financial position as if the discrimination had not occurred and will apply equally to eligible members irrespective of whether they have lodged a claim in the Employment Tribunal. We are not able to comment on ongoing litigation.
