Court rules against Gurkha bid for equal pensions
July 02, 2008
We are saddened by the court’s decision not to order the MoD to review Gurkha pensions. Our clients intend to appeal against the judgment. We appeal to the MoD to equalise pensions, without waiting for further court proceedings.
The MoD’s changes to Gurkha pensions were marketed as an end to the inequalities between Gurkhas and the rest of the Armed Forces. In fact, a Gurkha who has recently retired through ill-health caused by his service can still be 27% worse off than a UK comrade with equal service.
A UK military pension is already not generous, and losing 27% of even that makes things very difficult. For example, a Gurkha, medically retired last year with 17 years’ service, will get just over £4,650 a year. A British soldier in the same position would get about £6,400. The Gurkha gets £1,750 less to live on.
The difference is because of the far lower value that the MoD puts on years served before 1997, while the administrative headquarters of the Brigade of Gurkhas was in Hong Kong. In 1997 Hong Kong was handed back to China, and Brigade Headquarters was moved to the UK. The MoD argues that should affect the amount payable now.
We do not agree. This money is meant to be lived on, and in this country. Where a man’s headquarters were based years ago is no more than an administrative detail. It makes no difference to what he needs right now.
In the past, the Government justified pensions 90% lower than those of UK soldiers by arguing that the majority of Gurkhas retired to Nepal, where the cost of living is low. But since 2004 those retiring after 1997 have had the right to settle in the UK, and the majority of this group now do just that. Last year’s review was prompted by their needs. Those needs are the same as those of other members of the Forces.
The service the Gurkhas have given to the British people abroad has always been valued – indeed Gordon Brown said only this April;
“They have served loyally in every part of the world…They have done a tremendous job for our country”
We believe it is unfair to use that very reason as a justification for keeping them in poverty. Gurkhas have served in theatres of war, in danger and in hardship. They should be valued for it, not penalised.
When Derek Twigg, then Secretary of State for Defence, announced the review of Gurkha terms and conditions, he said he wanted “to ensure that the MOD’s position, both legally and morally, [was] beyond reproach.” Giving Gurkhas fair pensions now would achieve that aim.
Philippa Tuckman
Senior Solicitor
Direct Line: 0207 288 4822
Email: philippatuckman@boltburdonkemp.co.uk