Barry v Midland Bank plc [1998] IRLR 138 CA

Reports relating to this case:

  • Equal pay: Calculation of part-timer's severance payment objectively justified

    Date:
    1 March 1998

    Calculating severance payments by reference to final pay, so that a part-timer who had previously worked full time did not have her full-time service reflected in her severance payment, was not proven to have a disproportionately adverse effect on women as compared with men but, if there was indirect discrimination, it was objectively justified, holds the Court of Appeal in Barry v Midland Bank plc.

  • Severance pay terms upheld

    Date:
    1 March 1998

    In Barry v Midland Bank plc the Court of Appeal has ruled that a redundancy pay scheme whereby severance pay is calculated on the basis of the employee's current pay at the date of termination does not contravene Article 119 of the EC Treaty even though it disadvantages part-time workers who previously worked full time by not taking into account any full-time service they may have had.