Quirk v. Burton Hospitals NHS Trust & Anor [2001] UKEAT 1031_99_1201 (12 January 2001)

Quirk v. Burton Hospitals NHS Trust & Anor [2001] UKEAT 1031_99_1201 (12 January 2001)

The appellant's claim concerns the level of benefits payable under the pension scheme, not access to the scheme or a special scheme. The temporal limitation from Barber and the Barber Protocol lawfully applies, restricting equal treatment to periods of service after 17 May 1990. The appellant is not entitled to a declaration of discrimination for service prior to that date.

Citation
[2001] UKEAT 1031_99_1201
Parties
Appellant: Mr Quirk; First Respondent: Burton Hospital NHS Trust; Second Respondent: Secretary of State for Health
Jurisdiction
United Kingdom
Judgment Date
12 January 2001
Procedural Posture
Employment Appeal / Appeal From Employment Tribunal Decision
Outcome
Appeal dismissed
Legal Topics
Sex Discrimination, Occupational Pension Schemes, Equal Pay, Temporal Limitation Under Barber Protocol
Employment Law European Union Law Pensions Law Sex Discrimination Occupational Pension Schemes Equal Pay Temporal Limitation Under Barber Protocol

Case Brief

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Parties

Mr Quirk

Appellant

Burton Hospital NHS Trust

First Respondent

Secretary of State for Health

Second Respondent

Procedural Posture

Employment Appeal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the appellant's claim is barred by the temporal limitation in Barber v GRE and the Barber Protocol
  2. 2 Whether the complaint concerns access to benefits or the level of benefits under a pension scheme

Ratio Decidendi

The appellant's claim concerns the level of benefits payable under the pension scheme, not access to the scheme or a special scheme. The temporal limitation from Barber and the Barber Protocol lawfully applies, restricting equal treatment to periods of service after 17 May 1990. The appellant is not entitled to a declaration of discrimination for service prior to that date.

Court Disposition

Appeal dismissed

Orders

  • Tribunal decision upheld
  • Permission to appeal to the Court of Appeal granted to the appellant