Legal News

Pension equality for same-sex survivors (Walker v Innospec Limited and others)

Published on: 14 July 2017
Published by: LexisPSL
  • Pension equality for same-sex survivors (Walker v Innospec Limited and others)
  • Original news
  • What are the practical implications of this decision?
  • What is the background to the Supreme Court decision?
  • What is the legislation applying to this case?
  • What were the previous decisions of the lower courts in this case?
  • What were the main arguments put forward in the Supreme Court? What did it decide, and why?
  • Retroactivity of legislation and temporal limitation
  • Whether the differential treatment provided for by para 18 of Schedule 9 is compatible with the Framework Directive?
  • Whether effect must be given to para 18, if it is not compatible with the Framework Directive, or should it be disapplied?
  • More...

Article summary

Pensions analysis: On 12 July 2017 the Supreme Court handed down the ground breaking decision in the appeal by John Walker against the refusal of his former employer, Innospec Limited, to provide a full survivor’s pension to his same-sex spouse which took into account his pre 5 December 2005 pensionable service. The Supreme Court unanimously allowed Mr Walker’s appeal while declaring that the exemption under para 18 of Schedule 9 to the Equality Act 2010 (EqA 2010) (permitting differential treatment) is incompatible with EU law and must be disapplied. or take a trial to read the full analysis.

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