NIPSA, Northern Ireland’s largest public sector trade union, is urging its members affected by changes to public sector pension arrangements in 2015, to take immediate action to protect their claims for age discrimination.
In June 2022, NIPSA submitted claims on behalf of approximately 45,000 members in relation to changes to public sector pensions, which moved employees from a final salary scheme to a career average scheme. Older employees were protected from these changes through a statutory underpin, while younger employees were not. This difference was later found to be discriminatory under the landmark McCloud Sargeant rulings.
Following remedial legislation in 2022 and 2023, financial losses have been addressed. However, compensation for the impact of this discriminatory action on members has not yet been resolved. NIPSA, with legal representation from McCartan Turkington Breen (MTB) Solicitors, lodged claims on a protective basis to safeguard members’ rights. The total value of the claims is estimated to be between £50 million and £100 million, depending on the number of claimants.
A recent Employment Tribunal considered whether the union could proceed without express consent from all members. The Tribunal confirmed that NIPSA acted appropriately in initiating the claims. Members who have not yet provided consent – referred to as the “silent group” – risk having their claims struck out unless they respond by 30th January 2026.
NIPSA has contacted those members who are subject to the strike-out application by email and post with instructions on how to confirm their consent. Those members are strongly urged to complete the circular response immediately to protect their legal rights and ensure they can access compensation to which they are entitled.
John McShane, Employment Partner, McCartan Turkington Breen Solicitors said: “This is a case of accepted discrimination on the grounds of age. NIPSA has steadfastly protected the interests of its thousands of members. We will continue to robustly progress this case to ensure the Government is held accountable and that compensation reflects the aggravated nature of this discrimination.”
NIPSA Spokesperson commented: “NIPSA has always fought for the rights of its members and will continue to do so. We strongly encourage every affected member who has not yet responded to the circular to act immediately to protect their claim and ensure they can obtain the compensation to which they are entitled. Time is running out – members must act before 30th January 2026.”
