Barber v Guardian Royal Exchange Assurance Group
Encyclopedia
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.

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
TEC
-Companies and organizations:* TEC , a Belgian company* Telecommunication Engineering Center, an Indian government agency* Toyo Engineering Corporation, a Japanese company...

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.
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