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Gurkhas launch judicial review for pension parity
19 March 2008
The British Gurkha Welfare Society has served judicial review proceedings in the High Court in a campaign seeking pension parity for their members who have been highly valued members of the British Army for centuries. Award-winning employment lawyers Russell Jones & Walker are advising the BGWS on the judicial review.
The BGWS remains in dispute with the Ministry of Defence about the terms on which they are offering those who have fought in the Brigade of Gurkhas of the British Army an opportunity to transfer their pension from the Gurkha pensions scheme into the Armed Forces Pension scheme (AFPS). That offer is still not open to those who retired before 1st July 1997; and for those to whom it is open, there is an illogical and unfair discrepancy in how ‘years service’ are valued pre- and post- July 1997 in calculating pensions: whereas post-1997 service transfers on the basis of ‘a year for a year’ (ie one year’s service in the Brigade of Gurkhas equating to one year’s service in the British Armed Forces), pre-July-1997 service in the Gurkhas is devalued to ‘three Gurkha pension years for one year in the AFPS’. We think this unjust treatment of a dedicated group of ex servicemen.
Chhatra Rai, general-secretary of the British Gurkha Welfare Society, said:
“We think this could affect between 15,000 to 20,000 Gurkhas. We are seeking the same pension payments for those who retired before and after July 1997.”
Edward Cooper, the group’s lawyer and head of the award-winning Employment Law team at Russell Jones & Walker, said:
“The proceedings allege that the approach of the Ministry of Defence is contrary to the Human Rights Act and EU discrimination law on grounds of age and race. This case is a culmination of a long campaign for equality of treatment by those who have fought alongside other members of the British Army; to achieve parity in recognition of what Gurkhas have been prepared to sacrifice.”