The WLR Daily case summaries
[2017] WLR (D) 477
Supreme Court
Walker v Innospec Ltd and others
[2017] UKSC 47
2017 March 8, 9 July 12
Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath, Lord Hughes JJSC
Discrimination— Sexual orientation— Pension— Claimant member of occupational pension scheme with survivor’s benefit for spouses— Claimant retiring before prohibition of discrimination on ground of sexual orientation in European Union and domestic law— Claimant subsequently registering civil partnership and then marrying civil partner— Whether denial of survivor’s benefit under provision permitting such discrimination prior to introduction of civil partnerships compatible with European Union law— Whether provision to be disapplied—
Equality Act 2010 (c 15), s 61, Sch 9, para 18(1) (as amended by Marriage (Same Sex Couples) Act 2013 (c 30), Sch 4, para 17(1))
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Council Directive 2000/78/EC, art 1