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Equal pay and pensions: Extent of the Barber temporal restriction

In Howard v Ministry of Defence, the EAT clarifies the retrospective application of the European Court of Justice's ruling in Barber v Guardian Royal Exchange Assurance Group Ltd [1990] IRLR 240 on sex equality in occupational pension schemes. In Barber, the ECJ held that a claim could only be brought under Article 119 of the EC Treaty in respect of periods of employment after 17 May 1990 unless before that date the applicant had "initiated legal proceedings or raised an equivalent claim under the applicable national law".