Barber Judgment

European Court of Justice (ECJ) decision in Barber v. Guardian Royal Exchange (1990) means that pensions count as equal pay for the purposes of Article 119 (now Article 141(qv) following the Amsterdam Treaty). GRE’s scheme allowed redundant females to get an immediate pension at age 50 while for males the age was 55. Mr Barber was made redundant at 52 and received only cash benefits and redundancy pay, but woman would have received a pension. ECJ held that he was the victim of discrimination in breach of Article 119 and that ‘equal pay’ included an occupational pension. The Barber rule was held only to apply to service after 17 May 1990. See EQUAL TREATMENT.

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