(c) Interaction with State schemes : Because of the fact that State pension arrangements – as well as ages – often differentiated between male and female benefits, it is not uncommon for occupational pension schemes to make adjustments in an attempt to ensure overall fairness. While equality of benefits is now mandatory for benefits applicable to periods of service after the date of the Barber judgment, these cases raise the problem of whether

doi:10.4324/9781843145585-94

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Chapter

ABSTRACT

While sharing Mrs Roberts’ view as to the existence of direct discrimination, the Commission considers, however, that this does not mean that because the discrimination is direct it cannot be justified, since the very concept of discrimination, whether direct or indirect, involves a difference of treatment which is unjustified ... Birds Eye Walls is attempting to achieve substantive equality between the sexes by

37 See also [1993] ECR I-5579; [1994] ICR 338. Applied in Trustees of Uppingham School Retirement Benefits Scheme for Non-Teaching Staff and Another v Shillcock [2002] EWHC 641; [2002] IRLR

compensating for an inequality arising from the difference in pensionable ages in a particular set of circumstances where such inequality would cause considerable hardship ...