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Sex discrimination: Complaint concerning unequal retirement pension was caught by Barber limitation

This report relates to 1 case(s)

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    Quirk v Burton Hospitals NHS Trust and Secretary of State for Health [2001] IRLR 198 EAT (0 other reports)

The complaint of a male member of a contracted-out occupational pension scheme, who would have been financially worse off than his female counterpart had they both retired at the same age, did not relate to access to benefits under the scheme, holds the EAT in Quirk v Burton Hospitals NHS Trust and another 12.1.01 EAT 1031/99. The complaint was about the level of benefit payable to the man, which was permissibly less favourable than that which would have been received by the woman. A directly discriminatory provision for different retirement ages according to sex had been remedied from the date of the judgment in the Barber case, but subject to the temporal limitation on the effect of that ruling.