Barnes & Ors v Kodak Ltd [1996] UKEAT 105_96_2511 (25 November 1996)
Claims for equal pay under Article 119 EEC Treaty in respect of occupational pensions are barred for periods of service before 17 May 1990 unless legal proceedings were initiated before that date; the applicants did not initiate proceedings before the cutoff, so their claims are barred.
- Citation
- [1996] UKEAT 105_96_2511
- Parties
- Appellants: Mr L A Barnes and others; Respondents: Kodak Ltd
- Jurisdiction
- United Kingdom
- Judgment Date
- 25 November 1996
- Procedural Posture
- Appeal / Judgment on Appeal From Industrial Tribunal on Preliminary Issue
- Outcome
- Appeal dismissed
- Legal Topics
- Equal Pay, Occupational Pensions, Sex Discrimination, Temporal Limitation of Claims
Case Brief
Summary, issues, holding and outcome
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Parties
Mr L A Barnes and others
Appellants
Kodak Ltd
Respondents
Procedural Posture
Appeal / Judgment on Appeal From Industrial Tribunal on Preliminary Issue
Legal Issues
- 1 Whether claims for unequal pay under Article 119 EEC Treaty are barred by the temporal limitation imposed by the ECJ in Barber v Guardian Royal Exchange Group
Ratio Decidendi
Claims for equal pay under Article 119 EEC Treaty in respect of occupational pensions are barred for periods of service before 17 May 1990 unless legal proceedings were initiated before that date; the applicants did not initiate proceedings before the cutoff, so their claims are barred.
Court Disposition
Appeal dismissed
Full Case Text
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