The following Pensions guidance note Produced in partnership with Elizabeth Ovey of Radcliffe Chambers provides comprehensive and up to date legal information covering:
On 17 May 1990 the European Court of Justice decided, in Barber v Guardian Royal Exchange  2 All ER 660, that men and women’s entitlement to equal pay for equal work or work of equal value extends to that part of their remuneration which consists of pension benefits. This often meant that a scheme’s governing documentation had to be amended to provide equal pension benefits for men and women. The process of applying the principle in Barber became known as equalisation.
Although at first the precise scope of Barber was not entirely clear, the outstanding issues were very largely resolved by further cases culminating in Coloroll Trustees v Russell  All ER (EC) 23. For further information, see Practice Note: Equalisation and Barber—the pension implications.
This Practice Note considers the courts’ approach to certain practical difficulties which have subsequently come to light involving:
mixed retirement ages
non-compliance with the terms of the power of amendment
contractual promises made outside the scheme
Following Barber, where a scheme contained different normal retirement ages for men and women, members of both sexes were entitled, in respect of benefits accrued post 17 May 1990, to retire at the lower age unless, and until, the scheme was amended to provide for a common higher retirement age. This gave rise to
**Trials are provided to all LexisPSL and LexisLibrary content, excluding Practice Compliance, Practice Management and Risk and Compliance, subscription packages are tailored to your specific needs. To discuss trialling these LexisPSL services please email customer service via our online form. Free trials are only available to individuals based in the UK. We may terminate this trial at any time or decide not to give a trial, for any reason. Trial includes one question to LexisAsk during the length of the trial.
To view the latest version of this document and thousands of others like it, sign-in to LexisPSL or register for a free trial.
Existing user? Sign-in
Take a free trial
0330 161 1234
To view our latest legal guidance content,sign-in to Lexis®PSL or register for a free trial.