Buy custom Douglas Harvey Barber v Guardian Royal Exchange Report

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Pensions are “deferred” payment of benefits for work and not a fringe benefit at management discretion.

Bad News For Guardian Royal Exchange

The fact that Douglas Harvey Barber proceeded in compiling a case to take to the high court it had a sense of doom around it for the Guardian Royal Exchange, because if Barber was to win the case it could put a severe dent in their pension scheme and cost the company millions of pounds...

That court decided to stay the proceedings and to ask the Court of Justice to give a preliminary ruling on the following questions :

"(1) When a group of employees are made compulsorily redundant by their employer in circumstances similar to those of this case and receive benefits in connection with that redundancy, are all those benefits 'pay' within the meaning of Article 119 of the EEC Treaty and the equal pay directive (75/117/EEC), or do they fall within the equal treatment directive (76/207/EEC), or neither?

(2) Is it material to the answer to Question 1 that one of the benefits in question is a pension paid in connection with a private occupational pension scheme operated by the employer (' a private pension')?

(3) Is the principle of equal pay referred to in Article 119 and the equal pay directive infringed in the circumstances of the present case if :

(a) a man and a woman of the same age are made compulsorily redundant in the same circumstances, and in connection with that redundancy, the woman receives an immediate private pension but the man receives only a deferred private pension, or

(b) the total value of the benefits received by the woman is greater than the total value of the benefits received by the man?

(4) Are Article 119 and the equal pay directive of direct effect in the circumstances of this case?

(5) Is it material to the answer to Question 3 that the woman' s right to access to an immediate pension provided for by the Severance Terms could only be satisfied if she qualified for an immediate pension under the provisions of the private occupational scheme in that she was being treated as retired by the Guardian because she was made redundant within seven years of her normal pension date under the pension scheme?"

As Douglas Harvey Barber died while these proceedings were in progress...

General points of the essay

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