Retroactive Equalisation of Normal Pension Age not permitted, rules CJEU

Posted in : Commercial Law for Employers on 14 January 2020
Kevin McVeigh
Elliott Duffy Garrett
Issues covered:

Key Issues: Equal Pay – Pension Scheme – Retroactive Equalisation - Preliminary Ruling

Case: Safeway Ltd v Newton & Safeway Pension Trustees Ltd

Reference: Case C-171/18, CJEU (Grand Chamber), 7 October 2019

Legislation: Article 119 (now 141), EC Treaty


The pension scheme at issue in the main proceedings was created in the form of a trust by Safeway in 1978. Clause 19 of the Trust Deed governing that pension scheme (‘the amendment clause’) essentially allows that pension scheme, including the value of its benefits, to be amended retroactively, as of the date of a written announcement to the members, by means of a trust deed. That clause is drafted as

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This article is correct at 14/01/2020

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Kevin McVeigh
Elliott Duffy Garrett

The main content of this article was provided by Kevin McVeigh. Contact telephone number is 028 9024 5034 or email

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