Douglas Harvey Barber V Guardian Royal Exchange Report

1296 Words Mar 31st, 2008 6 Pages
Introduction

The aim of this report is to investigate the Douglas Harvey Barber v Guardian Royal Exchange case. The main findings of this report is to see what effect Douglas Harvey Barber had on the financial services industry before and after his case.

Background

Douglas Harvey Barber

q Barber Douglas Harvey was born on 29th September 1928 in Derbyshire. q He died on 26th May 1989 at age 60. q He worked for Guardian Royal Exchange until he was made redundant at age 52. q He was a member of his companies “Contracted Out”, Non Contributory, Occupational Pension Scheme that had retirement ages Of 57 for women and 62 for men q Members made redundant within 5 years of retirement were given an immediate early retirement
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(4) Are Article 119 and the equal pay directive of direct effect in the circumstances of this case?

(5) Is it material to the answer to Question 3 that the woman ' s right to access to an immediate pension provided for by the Severance Terms could only be satisfied if she qualified for an immediate pension under the provisions of the private occupational scheme in that she was being treated as retired by the Guardian because she was made redundant within seven years of her normal pension date under the pension scheme?"

As Douglas Harvey Barber died while these proceedings were in progress. Since the Court of Appeal permitted his widow Mrs Pamela Barber, to continue the proceedings in her name, for and on behalf of Mr Barber ' s estate, these proceedings for a preliminary ruling followed the usual course.

The New Ruling

ØBecause Pension Schemes would need to be funded to a much higher level to allow men to retire at 60 it was decided that women’s retirement age would have to be raised to 65.
ØThus the Old Age Pension (OAP) for women is currently increasing over time to age 65.
ØThe issue of pensions being deferred payment, created a whole new look at Occupational Pension Schemes. The following issues were

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