Walker v Innospec Limited and others

Walker v Innospec Limited and others

Paragraph 18 of Schedule 9 to the Equality Act 2010, in so far as it authorises a restriction of payment of survivor's pension benefits based on periods of service before 5 December 2005, is incompatible with the Framework Directive and must be disapplied. Mr Walker's husband is entitled to a spouse's pension calculated on all the years of Mr Walker's service with Innospec, provided they remain married at the time of Mr Walker's death.

Parties
Appellant: John Walker; Respondents: Innospec Limited and others; Interested Party: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
12 July 2017
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal allowed
Legal Topics
Discrimination Based on Sexual Orientation, Occupational Pension Rights, Direct and Indirect Discrimination, Interpretation and Disapplication of Statutory Provisions, Effect of EU Directives in Domestic Law
Employment Law Equality Law European Union Law Pensions Law Discrimination Based on Sexual Orientation Occupational Pension Rights Direct and Indirect Discrimination Interpretation and Disapplication of Statutory Provisions +1 more

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Parties

John Walker

Appellant

Innospec Limited and others

Respondents

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether paragraph 18 of Schedule 9 to the Equality Act 2010 is compatible with the Framework Directive (Council Directive 2000/78/EC)
  2. 2 Whether paragraph 18 must be disapplied due to incompatibility with EU law
  3. 3 Whether a declaration of incompatibility under the Human Rights Act 1998 should be made

Ratio Decidendi

Paragraph 18 of Schedule 9 to the Equality Act 2010, in so far as it authorises a restriction of payment of survivor's pension benefits based on periods of service before 5 December 2005, is incompatible with the Framework Directive and must be disapplied. Mr Walker's husband is entitled to a spouse's pension calculated on all the years of Mr Walker's service with Innospec, provided they remain married at the time of Mr Walker's death.

Court Disposition

Appeal allowed

Orders

  • Declaration that paragraph 18 of Schedule 9 to the Equality Act 2010 is incompatible with the Framework Directive and must be disapplied to the extent it restricts survivor's pension rights based on pre-5 December 2005 service.
  • Declaration that Mr Walker's husband is entitled to a spouse's pension calculated on all years of Mr Walker's service with Innospec, provided they remain married at the date of Mr Walker's death.