Safeway Ltd v Newton & Anor

Safeway Ltd v Newton & Anor

The 1991 Announcement and 1991 Letter did not constitute effective measures under Clause 19 of the 1984 Deed or EU law to equalise the NPA at age 65 from 1 December 1991. The 1996 Deed could not retrospectively reduce accrued rights for women for the period 1 December 1991 to 2 May 1996. Section 62 Pensions Act 1995 did not validate retrospective levelling down. Therefore, both men and women are entitled to benefits based on an NPA of 60 for that period.

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
Civil (pensions/trusts) / First Instance Judgment
Outcome
Claim dismissed
Legal Topics
Equalisation of Pension Benefits, Retrospective Amendments, Direct Effect of EU Law, Interpretation of Trust Deeds, Implementation of Article 119 EEC Treaty, Section 62 Pensions Act 1995
Pensions Law Trust Law Employment Law European Union Law Equalisation of Pension Benefits Retrospective Amendments Direct Effect of EU Law Interpretation of Trust Deeds +2 more

Case Brief

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Parties

Safeway Limited

Claimant

Andrew Newton

First Defendant

Safeway Pension Trustees Limited

Second Defendant

Procedural Posture

Civil (pensions/trusts) / First Instance 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 with effect from 1 December 1991 or only from 2 May 1996
  2. 2 Whether the 1991 Announcement and 1991 Letter constituted effective 'measures' under EU law to equalise NPA
  3. 3 Whether Clause 19 of the 1984 Deed permitted effective amendment by announcement prior to deed

Ratio Decidendi

The 1991 Announcement and 1991 Letter did not constitute effective measures under Clause 19 of the 1984 Deed or EU law to equalise the NPA at age 65 from 1 December 1991. The 1996 Deed could not retrospectively reduce accrued rights for women for the period 1 December 1991 to 2 May 1996. Section 62 Pensions Act 1995 did not validate retrospective levelling down. Therefore, both men and women are entitled to benefits based on an NPA of 60 for that period.

Court Disposition

Claim dismissed

Orders

  • Declaration refused: NPA was not equalised at age 65 for men and women with effect from 1 December 1991.