The Industrial Cases Reports
[2016] ICR 182
Court of Appeal
Ministry of Justice
v
O’Brien (No 2)
Innospec Ltd and others v Walker
[2015] EWCA Civ 1000
2015 June 29,
30;
July 1;
Oct 6
Lord Dyson MR, Lewison, Underhill LJJ
Discrimination— Part-time worker— Pension— Fee-paid recorder entitled to pro rata pension of full-time circuit judge— Whether period of service prior to prohibition of discrimination in EU and domestic law to count in calculating pension— Whether Directive having retroactive effect—
Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 1(2)(3)
—
Council Directive 97/81/EC, Annex, cl 4
Discrimination— Sexual orientation— Pension— Claimant in receipt of occupational pension with survivor’s benefit for spouses— Relevant service complete before prohibition of discrimination on ground of sexual orientation in EU and domestic law— Claimant registering civil partnership and subsequently marrying civil partner— Whether denial of survivor’s benefit under provision permitting such discrimination prior to introduction of civil partnerships compatible with EU law— Whether Directive having retroactive effect—
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))
—
Council Directive 2000/78/EC, art 1