WALKER V INNOSPEC LIMITED
On 12 July 2017, the Supreme Court gave its judgment in Walker v Innospec, overturning the 2015 Court of Appeal decision.

Mr. Walker had taken early retirement from Innospec in 2003 before the Civil Partnership Act 2004 (CPA) came into force. He had lived with his same sex partner since 1993, and had entered into a civil partnership and subsequently married him. If they had been of opposite sexes,

Mr. Walker's spouse would have been entitled to a survivor's pension of some £45,000 if he had survived Mr. Walker and they had remained marriage until then. Innospec refused such a pension and relied on Schedule 9 paragraph 18 of the Equality Act 2010, which said that preventing a person from having a benefit payable in respect of periods of service before 5 December 2005 (the date the CPA came into force) did not contravene the act.

However, despite all of Mr. Walker's service being before that date, the Supreme Court unanimously held (Lord Kerr giving the principal judgment) that:

    "Mr Walker's husband, provided he does not predecease him, and that they remain married at the time of Mr Walker's death, is entitled [under the Council Directive 2000/78/EC] to a spouse's pension calculated . . .

13 July 2017   Check other news items



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