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

This report relates to 1 case(s)

In Quirk v Burton Hospital NHS Trust and another [2002] IRLR 353, 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. It was therefore caught by the temporal limitation imposed by the European Court of Justice in the "Barber Protocol".