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Dozens of BMA doctors to sue Government over 'discriminating' pension scheme

BMA doctors are set to sue the Government over the 'discriminating' NHS pension scheme. 

The BMA announced today that 'at least a dozen' of its members will take legal action against the Government as they believe to have been forced to join a pension scheme that will 'result in huge financial losses when they retire'.

The BMA is requesting the Government:

  • To agree the 2015 NHS Pension Scheme does unlawfully discriminate against its younger members;
  • To scrap the scheme so that doctors are not adversely affected by it in later years.  

The news follows a rulling in December by the Court of Appeal, which said the Government discriminated against judges and firefighters in relation to changes made to their pension scheme in 2015, which is similar to the NHS scheme.

The Fire Brigades Union (FBU) announced last week that the Government's appeal failed.

BMA council chair Dr Chaand Nagpaul said: 'Although doctors' pension schemes are different, the BMA believes the underlying legal principles are essentially the same and we want to bring a challenge on behalf of the UK's younger doctors regarding the legality of the 2015 NHS Pension Scheme.

'In March of this year, the BMA wrote to the health and social care Secretary Matt Hancock warning him of the intention to take legal action. Letters were also sent to the Scottish and Northern Ireland Governments on behalf of members in those nations. We have made our intention and position very clear and we expect to support many more doctors in the coming month.'

It follows the news that the Government has ruled out a review of pension tax charges, despite criticism that the issue is adding to workforce issues. 

Readers' comments (15)

  • Good luck with that one
    BMA had no joy when the female docs who qualified before 1984 tried to get widowers’ pensions for their spouses.
    We weren’t equal to men then but suddenly were declared equal with the state pension

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  • THE GOVERNMENT ALWAYS ACT IN A THUGGISH WAY TO PUBLIC SECTOR WORKERS-THIS IS SHOWING THEM THAT THERE ARE RED LINES AND NOT EVEN THEY ARE ABOVE THE LAW....

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  • Good BMA! The lawyers and judges have set a case precedent.

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  • When you start working for the NHS your pension contract should be for your career. It should only change subject to negociation and agreement, a reduction in pension balanced by an increase in pay or improved conditions. I decided to work in this country in part due to the pension. A bond of trust now has been broken it will never return.

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  • If a precedent is already set then this might have some legs

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  • Vinci Ho

    One has to realise that we are virtually running without a government. The health secretary is too busy supporting Mr Johnson’s campaign. Robocop fancied a ‘better’ position in the new cabinet if MojoBojo managed to win the leadership contest .

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  • Good luck BMA team.

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  • It is blatantly discriminatory and needs challenging. Good to see the BMA taking on a fight for once. Will they speak out over the 5 year forward view and shortsighted top down reorganisation of general practice into PCNs (then super practices). Destined to fail.

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  • So it's the Drs and not the BMA fronting this action?

    Good call judging by previous actions.

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  • Will be laughing all the way to the workhouse? (the end)

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