Barber v Guardian Royal Exchange Assurance Group
[1990] ICR 616 (CJEU Case C-262/88)
Ratio Decidendi
Occupational pension benefits constitute 'pay' within the meaning of Article 119 of the Treaty of Rome (now Article 157 TFEU). Unequal pensionable ages for men and women in occupational pension schemes therefore breach the principle of equal pay.
Fakty
Mr Barber was made redundant at age 52. Under his employer's pension scheme, women were entitled to an immediate pension on redundancy at 50, but men had to wait until 55. He claimed this constituted sex discrimination in pay contrary to Article 119.
Podsumowanie orzeczenia
The CJEU held that benefits paid under occupational pension schemes are 'pay' within Article 119 and must comply with the principle of equal treatment. Different pensionable ages for men and women constitute direct discrimination. However, the ruling was given prospective effect — it applied only to periods of service after the date of judgment (17 May 1990) to limit retroactive claims.
Kluczowe cytaty
"Benefits paid by an employer to a worker in connection with the latter's compulsory redundancy fall within the scope of the second paragraph of Article 119, whether they are paid under a contract of employment, by virtue of legislative provisions or on a voluntary basis."
— The Court
Późniejsze zastosowanie
A landmark ruling that led to the equalisation of pension ages across occupational schemes in the UK and EU.
The Pensions Act 1995 s.62–66 implemented Barber-compliant equal treatment rules for UK occupational schemes.