The equalisation of the state pension age in United Kingdom: indirect sex discrimination?

Roberts, Pauline ORCID: https://orcid.org/0000-0002-4577-2202 2021. The equalisation of the state pension age in United Kingdom: indirect sex discrimination? International Journal of Discrimination and the Law 21 (2) , pp. 157-167. 10.1177/13582291211011432

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Abstract

This commentary examines the Court of Appeal’s decision in R (Delve and Glynn) v. Secretary of State for Work and Pensions, which concerned the judicial review of the incremental increase of the state pension age in the United Kingdom for women born in the 1950s. It focuses on the claims of discrimination contrary to Article 14 of the European Convention on Human Rights, in particular the discussion relating to indirect sex/sex and age discrimination. It is argued that there is scope for greater clarity in the Court’s reasoning which led to its conclusion that the measures did not result in indirect discrimination contrary to Article 14. However, the dismissal of each appeal is not surprising, in view of the adoption of the ‘manifestly without reasonable foundation’ test when scrutinising decisions relating to social welfare policy. In other words, even if the measures resulted in indirect sex discrimination, they were justified.

Item Type:	Article
Date Type:	Publication
Status:	Published
Schools:	Law
Publisher:	SAGE Publications
ISSN:	1358-2291
Date of First Compliant Deposit:	25 August 2021
Date of Acceptance:	29 March 2021
Last Modified:	07 Nov 2023 07:06
URI:	https://orca.cardiff.ac.uk/id/eprint/143678

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