The Equality Tribunal found that HSE West) did not discriminate against Ms Nora Shanahan in its occupational pension scheme. The decision was dated 12 June 2008.
Shanahan, a psychiatric nurse, said a break in her service left her unable to benefit fully from the scheme’s enhanced pension provisions. She had resigned in 1968 because of the public service marriage bar, returned to work in 1986 and later left in 2006.
The Equality Officer found no evidence that Shanahan had been prevented from joining the scheme while employed. The officer accepted that married women could be disadvantaged by career breaks and that the scheme could indirectly disadvantage women and married people who had breaks in service.
However, the officer found the enhanced provision for psychiatric nurses objectively justified by the demanding nature of their work. It allowed them to retire after 30 years’ service rather than the usual 40 years in public service nursing. The Tribunal found no breach of equal pensions treatment and no discrimination.