Brewster and McCloud v MOJ – unjustified discrimination

13 February 2017

In both McCloud v MOJ and Brewster, UK legislation setting down conditions for benefits under public sector pension schemes has been found to be in breach of discrimination law and the justifications offered have been rejected.

The cases are in other respects very different.

Mccloud v MOJ

This is an Employment Tribunal decision. The case was brought by 200 judges in relation to changes made to their pension terms by regulations in 2015, reducing the benefits they would earn from future service.


This is a decision of the Supreme Court. It relates to the regulations governing the Northern Ireland Local Government Pension Scheme.