McNamara and seven others v ESB (DEC-P2014-001 ), and McNamara and seven others v Trustees of the ESB Defined Benefit Scheme (DEC-P2014-002)
Decision Number: Legal Body: Workplace Relations Commission
Published on: 01/12/2015
Article Authors The main content of this article was provided by the following authors.
Bernadette Treanor Founder
Bernadette Treanor Founder
Bernadette treanor

Bernadette Treanor is the founder of Beo Solutions, an employee relations and engagement consultancy which provides best practice expert leadership and impartial organisational support in the areas of employee relations, employee engagement, workplace investigations, disciplinary hearings and mediation. 

An expert in equality law, Bernadette provides Equality reviews and assessments, including assessments of cases being prepared. She is a Committee member of the Employment Law Association of Ireland (ELAI) and CIPD member. She reviews equality Decisions issued by the Equality Tribunal for Legal Island monthly and chairs its annual Equality Conference aimed at equality practitioners.

Background

The complainants, eight in all, lodged complaints against two respondents in respect of the same complaint which was that the application of the pension levy on them and the consequential effect on their pension benefits amounted to discrimination of them on the age ground.  Both respondents raised preliminary issues and requested that they be addressed in the first instance and the Equality Officer decided to do that.

The first ESB argued that it was a stranger to the complaints, and in the alternative, that the claims were time-barred and that the claims did not relate to a rule of the scheme.  The second respondent, the Trustees of the Scheme argued that the complaints were time-barred and that they

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 01/12/2015
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