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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47377
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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during the late 70s and eighties I worked as a residential

Resolved Question:

during the late 70s and eighties I worked as a residential care worker in a residential school for boys who were assessed as emotionaly and behavioraly disturbed. when i started work there all the teaching staff were men all the care staff women. all the teaching staff were entitled to contribute to a pension scheme. the care staff were not. the work was equally demanding for all staff and i always felt we should have equal entitlement to pensions. Later some male care staff were employed, but at least in my 9 years of employment at the school there were no female teachers.
Even after all this time I believe we should have had a right to a company pension. would you give me your view on this please.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Did the employer also make contributions to these pension schemes?

Customer:

i am not sure who exactly would be considered the employer as it was an independant school. but certainly the headmaster who employed me did.

Ben Jones :

Whilst that practice may have amounted to indirect discrimination due to the time that has elapsed since the end of your employment there you would be way out of time to do anything about it now and challenge it, so regardless of what could or should have happened, the time limits for pursuing this would have passed many years ago

Customer:

would it have been classed as indirect discrimination? i did ask on several occasions whilst working there but was always told i was not entitled. would this make any diference

Ben Jones :

The issue is that the laws would have been different at the time so it will require some digging around to check exactly what it may have amounted to at the time, but the Sex Discrimination Act came in force in 1975. However, it does not matter what you were told by them - they could have told you anything, you must have then found out what your rights are and pursued it within the specified time periods and after all these years it would be too late to claim, regardless of what they told you at the time

Customer:

yes the trouble is no one in those days ever talked about these things and certainly we were never made aware of our rights. i recognise it would be different in these days. But it still feels very wrong. thank you for your response.

Ben Jones :

you are welcome, sorry it was not better news this time

Customer:

ok thank you.

Ben Jones :

no problem, I will close the question now

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