Betafence Ltd v Veys & ors - sex discrimination and pension schemes High Court ChD on 8.5.06
This must be one of the last "Barber" cases. In 1991 the ECJ ruled that an employer (Guardian Royal Exchange) could not lawfully refuse an immediate pension to a man dismissed as redundant at age 52 when a woman aged 50 or more in the same situation would have been entitled to an immediate pension. In the present case Betafence Ltd changed its pension fund rules in 1991 and again in 1993 to take Barber into account, but in retrospect found it had been over-generous. Its attempt to pull back from this possibly unintended generosity has now failed.