Safeway Ltd v Newton & Anor [2016] EWHC 377 (Ch) (29 February 2016)

Safeway Ltd v Newton & Anor [2016] EWHC 377 (Ch) (29 February 2016)

The 1991 Announcement and 1991 Letter were not effective to amend the Safeway Pension Scheme to equalise the normal pension age at 65 for men and women from 1 December 1991, as Clause 19 required a deed for valid amendment. Equalisation only took effect from the 1996 Deed. Under EU law, retrospective levelling down...

Source-derived case information.

Citation
[2016] EWHC 377 (Ch)
Parties
Claimant: Safeway Limited; First Defendant: Andrew Newton; Second Defendant: Safeway Pension Trustees Limited
Jurisdiction
England and Wales
Judgment Date
29 February 2016
Procedural Posture
Chancery Division Pension Equalisation Dispute / High Court Judgment
Outcome
Claim dismissed
Legal Topics
Equalisation of Pension Benefits, Sex Discrimination, Retrospective Amendment of Pension Schemes, Direct Effect of EU Law, Interpretation of Trust Deeds, Implementation of Article 119 EEC Treaty
Pensions Law Employment Law European Union Law Trusts Law Equalisation of Pension Benefits Sex Discrimination Retrospective Amendment of Pension Schemes Direct Effect of EU Law +2 more

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Parties

Safeway Limited

Claimant

Andrew Newton

First Defendant

Safeway Pension Trustees Limited

Second Defendant

Procedural Posture

Chancery Division Pension Equalisation Dispute / High Court Judgment

Legal Issues

  1. 1 Whether the normal pension age (NPA) for men and women in the Safeway Pension Scheme was equalised at age 65 from 1 December 1991 or only from 2 May 1996
  2. 2 Whether the 1991 Announcement and 1991 Letter were effective to introduce a common NPA of 65 under the scheme and EU law
  3. 3 Whether the amendment power in the scheme permitted retrospective equalisation in compliance with EU law

Ratio Decidendi

The 1991 Announcement and 1991 Letter were not effective to amend the Safeway Pension Scheme to equalise the normal pension age at 65 for men and women from 1 December 1991, as Clause 19 required a deed for valid amendment. Equalisation only took effect from the 1996 Deed. Under EU law, retrospective levelling down of benefits for the Barber window period is not permitted; men are entitled to the same benefits as women for service between 17 May 1990 and 2 May 1996.

Court Disposition

Claim dismissed

Orders

  • Declaration that the normal pension age for men and women was not equalised at age 65 until 2 May 1996
  • Scheme benefits for service between 17 May 1990 and 2 May 1996 must be levelled up for men to match those of women