Equal pay: Limitation of right to retroactive membership of pension scheme is contrary to Community law
This report relates to 2 case(s)
Fletcher and others v Midland Bank plc  IRLR 506 ECJ (0 other reports)
Community law precludes a national procedural rule which provides that a claimant's pensionable service is to be calculated only by reference to service after a date falling no earlier than two years prior to the date of the claim, rules the European Court of Justice in Preston and others v Wolverhampton Healthcare NHS Trust and others and Fletcher and others v Midland Bank plc 16.5.00 Case C-78/98. However, Community law does not preclude a national procedural rule which requires that a claim for membership of an occupational pension scheme (from which the right to pension benefits flows) must, if it is not to be time-barred, be brought within six months of the end of the employment to which the claim relates, provided that that limitation period is not less favourable for actions based on Community law than for those based on domestic law.