Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services [1998] IRLR 86 ECJ

Reports relating to this case:

  • Two-year limit on pension retrospection unlawful

    Date:
    1 March 1998

    In Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services the European Court of Justice has ruled that the Barber decision, which limits retrospection of pension benefits to 17 May 1990, does not apply to part-time workers excluded from full occupational pension benefits.

  • Equal pay: Part-timers can backdate pension entitlement to 1976

    Date:
    1 January 1998

    Periods of service completed by part-time workers who, just because they worked part time, were deprived of a status conferring the right to additional pension benefits must, for the purposes of calculating that entitlement, be taken into account as from 8 April 1976, rules the European Court of Justice in Magorrian and Cunningham v Eastern Health and Social Services Board and Department of Health and Social Services.

  • No limit on part-timers' retrospective pension entitlement

    Date:
    1 January 1998

    In Magorrian and Cunningham v Eastern Health and Social Services Board (11 December 1997) EOR77B, the European Court of Justice holds that the Barber limitation on retrospection does not apply to part-time workers excluded from full occupational pension benefit and that UK legislation which limits entitlement to obtain full membership of an occupational pension scheme to two years prior to commencement of proceedings is contrary to EC law.