Claim for widower's pension blocked

The exception to the temporal limitation in the Barber decision in respect of workers who have already brought legal proceedings "or made an equivalent claim" only applies where the claim had been made to an independent third party with power to make a determination, holds a Bristol industrial tribunal (Chair: C G Toomer) in Howard v Ministry of Defence.

On 23 May 1994, Mr Howard, as executor of the estate of his wife, Major Howard, brought a claim under EC law in respect of the MoD's failure to pay him a widower's pension. Major Howard left the service on 1 September 1973 and died of cancer on 1 June 1979.