This case involved a claim that the complainant had been denied access to the Company Pension Scheme (the Scheme). Under the terms of the Scheme, only individuals in a permanent position between the age of twenty and fifty could access it. As the complainant was employed on a contract of indefinite duration he could not access the Scheme. He claimed that he had been treated less favourably than a permanent employee on this basis.

The respondent alleged that, as per the terms of the Scheme, and the fact it was set up under a Statutory Instrument, the complainant could not, as a matter of law, be admitted to the Scheme. The respondent claimed that access to a PRSA Scheme