Equal Treatment and Occupational Pensions : Implementing European Community Law in the United Kingdom Following the Post-Barber Judgments of the European Court of Justice
This article considers the legal history of anti-discrimination law, and how the United Kingdom has gone about integrating European requirements into a basic trusts-law context. Its primary focus is on the Pensions Act 1955. The first section outlines the approach taken by the European Community up to, and including, the Barber case. The second section considers the approach adopted in the United Kingdom to equality in occupational pensions up to the Barber case. The third section considers briefly the range of issues decided by the European Court of Justice in the post-Barber cases and the proposals of the European Commission following these cases. The fourth section considers the approach adopted by the United Kingdom Government following the post-Barber cases, including the introduction of the Pensions Act 1995 provisions.
The fifth section outlines the provisions of the Pensions Act, detailing the interconnection between the provisions of the legislation, the European Court of Justice case law, and the European Commission's proposals. Finally, in conclusion, the article sets the method of implementing equality in occupational pensions into the broader context of the implementation of European Community law more generally in the United Kingdom.--SCAD summary.