The Supreme Court has had a fine month. Not only has it declared ET fees unlawful it has also granted equal pension rights to same-sex spouse. In Walker v Innospec Ltd, Mr Walker, the Claimant, argued that, in the event of his death, Innospec, the Respondent, should pay his husband the same pension benefit as it would to a wife or heterosexual partner.
The Supreme Court agreed and Mr Walker’s husband is now entitled to equal pension benefits provided he is still married to Mr Walker at the time of death. This is a landmark judgment and will apply to all same-sex couples who are married or in civil partnerships. Given gay marriage has been legal since March 2014 – and civil partnerships since 2004 – it is only right that pension rights reflect marital rights for LGBT couples.
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