Decided 17 May 1990 Ruling court European Court of Justice | End date May 17, 1990 | |
Citation(s) (1990) C-262/88, [1990] IRLR 240 People also search for Rinner-Kühn v FWW Spezial-Gebäudereinigung GmbH & Co KG | ||
Barber v Guardian Royal Exchange Assurance Group (1990) C-262/88 is an EU labour law and UK labour law case concerning sex discrimination in pensions.
Contents
Facts
UK law allowed employers to set different occupational pension entitlement ages. A reference was made to the European Court of Justice whether this violated community law on equal treatment of the sexes.
Judgment
The European Court of Justice held that TFEU article 157 (now TEC article 119) precluded men and women having different age conditions for pension entitlements. Occupational pension schemes are included as pay, even though the scheme operated by a trust technically independent of the employers. It operated in partial substitution for benefits under the state social security system, even if it is with reference to a national scheme.