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The current position and how we got here

As in other areas of discrimination law which apply to pension schemes, the law on sex discrimination has been heavily influenced by European law. In this area, three different strands of European law helped to develop UK law:

1. •

   European case law—for guidance on whether EU judgments are binding on UK courts, see Practice Note: Assimilated law—Assimilated case law

2. •

   European Directives—while the UK laws implementing directives form part of UK domestic law, the directives themselves do not

3. •

   directly applicable Treaty provisions—the key Treaty provision in the context of sex discrimination was Article 157 of the Treaty on the Functioning of the European Union (TFEU) on the right to equal pay, which used to have direct effect in the UK. This right to equal pay constituted retained eu law between IP completion day (11pm on 31 December 2020) and 31 December 2023 under the European Union (Withdrawal) Act 2018, s 4, so that it continued to have direct effect in the UK during that period. Section 4 itself