Quirk v Burton Hospitals NHS Trust and another [2002] IRLR 353 CA

Reports relating to this case:

  • Sex discrimination: Barber Protocol applied to age-related discrimination in pension benefits

    Date:
    22 July 2002

    In Quirk v Burton Hospital NHS Trust and another, the Court of Appeal holds that a complaint that female nurses retiring before age 60 received benefits under the health service pension scheme calculated by reference to all of their pensionable service, whereas male nurses retiring before age 60 had their benefits calculated only by reference to pensionable service from 17 May 1990, amounted to a complaint about the "level of benefit" payable, rather than a complaint relating to "access" to benefits.

  • Pre-1990 sex discrimination on pension benefits lawful

    Date:
    1 May 2002

    The Court of Appeal has confirmed that the National Health Service (NHS) Pension Scheme can lawfully provide more generous early retirement pensions to female nurses than to male nurses in respect of service before 17 May 1990.