Innospec Ltd and others v Walker

Pension – Pension scheme. The employment tribunal (the tribunal) had ruled that a survivor's pension scheme that had excluded partners registered in a civil partnership from benefits derived from service prior to the Civil Partnership Act 2004 was incompatible with Directive (EC) 2000/78. In allowing the employer's appeal, the Employment Appeal Tribunal held that the tribunal had erred in holding the provisions of para 18 of Sch 9 to the Equality Act 2010 was incompatible with the Directive. The Directive did not purport to have retrospective effect such that inequalities in pay arising on the basis of sexual orientation prior to the date it was to have been transposed could form the basis of a claim after transposition though they could not have done before in the context of the employer's occupational pension scheme.

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