Safeway Ltd v Newton & Ors (Rev 1)

Safeway Ltd v Newton & Ors (Rev 1)

Section 62 of the Pensions Act 1995 constitutes an effective domestic law measure implementing Article 119, closing the Barber window from 1 January 1996 by providing enforceable equal treatment rights in occupational pension schemes.

Parties
Appellant: Safeway Limited; First Respondent: Andrew Newton; Second Respondent: Safeway Pension Trustees Limited
Jurisdiction
England and Wales
Judgment Date
13 July 2020
Procedural Posture
Civil Appeal / Court of Appeal Judgment
Outcome
Appeal allowed
Legal Topics
Equal Treatment, Pension Scheme Amendment, Barber Window, Implementation of EU Law, Legal Certainty
Pensions Employment Equality EU Law Equal Treatment Pension Scheme Amendment Barber Window Implementation of EU Law +1 more

Case Brief

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Parties

Safeway Limited

Appellant

Andrew Newton

First Respondent

Safeway Pension Trustees Limited

Second Respondent

Procedural Posture

Civil Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether section 62 of the Pensions Act 1995 closed the Barber window for the Safeway Pension Scheme
  2. 2 Whether domestic legislation can constitute an effective measure to implement Article 119 and end discrimination in pension schemes

Ratio Decidendi

Section 62 of the Pensions Act 1995 constitutes an effective domestic law measure implementing Article 119, closing the Barber window from 1 January 1996 by providing enforceable equal treatment rights in occupational pension schemes.

Court Disposition

Appeal allowed

Orders

  • Barber window closed with effect from 1 January 1996
  • Scheme members' rights levelled up to equal treatment from that date