Innospec Ltd & Ors v Walker (Sex Discrimination : Sexual orientation) (Rev 1) [2014] UKEAT 0232_13_1802 (18 February 2014)

Innospec Ltd & Ors v Walker (Sex Discrimination : Sexual orientation) (Rev 1) [2014] UKEAT 0232_13_1802 (18 February 2014)

Paragraph 18 of Schedule 9 to the Equality Act 2010 is not incompatible with Directive 2000/78/EC because EU law does not require retrospective equal treatment for periods of service before the relevant anti-discrimination provisions came into force. The Tribunal erred in holding otherwise. The domestic provision cannot be interpreted or disapplied to provide survivor benefits for civil partners in respect of pre-5 December 2005 service.

Citation
[2014] UKEAT 0232_13_1802
Parties
Appellant: John Walker; Respondent: Innospec Ltd; Interested Party: Secretary of State for Work and Pensions
Jurisdiction
United Kingdom
Judgment Date
18 February 2014
Procedural Posture
Employment Appeal Tribunal / Appeal From Employment Tribunal Decision
Outcome
Appeal allowed; Employment Tribunal decision overturned
Legal Topics
Sexual Orientation Discrimination, Civil Partnership, Occupational Pension Schemes, Direct and Indirect Discrimination, Interpretation of Domestic Law in Light of EU Law, Retrospective Effect of Anti Discrimination Law
Employment Law Equality Law European Union Law Pensions Law Sexual Orientation Discrimination Civil Partnership Occupational Pension Schemes Direct and Indirect Discrimination +2 more

Case Brief

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Parties

John Walker

Appellant

Innospec Ltd

Respondent

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Employment Appeal Tribunal / Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether Paragraph 18 of Schedule 9 to the Equality Act 2010 is incompatible with Directive 2000/78/EC regarding survivor's pension rights for civil partners based on pre-5 December 2005 service
  2. 2 Whether the relevant domestic provision can or should be interpreted or disapplied to provide equal survivor benefits to civil partners
  3. 3 Whether the discrimination is direct or indirect and if indirect, whether it is justified

Ratio Decidendi

Paragraph 18 of Schedule 9 to the Equality Act 2010 is not incompatible with Directive 2000/78/EC because EU law does not require retrospective equal treatment for periods of service before the relevant anti-discrimination provisions came into force. The Tribunal erred in holding otherwise. The domestic provision cannot be interpreted or disapplied to provide survivor benefits for civil partners in respect of pre-5 December 2005 service.

Court Disposition

Appeal allowed; Employment Tribunal decision overturned

Orders

  • Mr Walker’s claim for equal survivor’s pension benefits for his civil partner in respect of pre-5 December 2005 service is dismissed.
  • No order for reinterpretation or disapplication of Paragraph 18 of Schedule 9 to the Equality Act 2010.