Union warns of ‘unfair’ tribunal pension gap in Scotland

Keir Greenaway

Fee-paid, non-legal members of the Scottish tribunals are being denied access to workplace pensions offered to counterparts elsewhere in the UK, according to GMB Scotland.

In a letter to the Scottish government, the union warns the current arrangements leave some tribunal members without formal pension provision linked to their role while, in England and Wales they are automatically enrolled in a scheme.

The issue centres on how pension eligibility is determined for tribunal members. Under existing rules, only those with a full-time salaried equivalent in a judicial role can access the judicial pension scheme. That system is reserved to Westminster.

However, in England and Wales, authorities have taken additional steps. Fee-paid, non-legal members who do not qualify for the judicial scheme have instead been enrolled into a workplace pension through the National Employment Savings Trust (NEST). Contributions have been backdated to 2012, when auto-enrolment rules first came into force.

GMB Scotland argues that no equivalent provision has been introduced north of the border.

The union said this creates an “anomalous” situation in which individuals carrying out similar duties within the UK’s tribunal system are treated differently depending on location. It is now urging Scottish ministers to use powers available under the Tribunals (Scotland) Act 2014 to establish a comparable pension arrangement.

Those powers allow ministers to make provisions for pensions, allowances and gratuities for tribunal members, as well as contributions towards such schemes.

In a letter to Scottish justice secretary Angela Constance, Keir Greenaway, GMB Scotland senior organiser, warned the lack of pension raises broader questions about fairness and consistency.

He said: “These are individuals who play an important role in the administration of justice in Scotland. They should not be treated less favourably than their counterparts elsewhere in the UK.”

The union has urged the Scottish government to act and is seeking a timeline for reform, amid concerns that affected members have already missed out on years of pension contributions.

Beyond pensions, the union has highlighted wider concerns about working conditions for non-legal tribunal members, questioning whether current arrangements meet the Scottish government’s stated commitment to “Fair Work” principles.

These principles include job security, respect and giving workers an effective voice in decisions that affect them. While acknowledging that tribunal members have a distinct employment status, GMB Scotland said that should not prevent them from being treated in line with working conditions demanded elsewhere in the public sector.