there is usually a juicy case and that is no exception in the EAT case of Innospec Ltd and Others v Mr Walker with the Interested Party being the Secretary of State for Work and Pensions.
This is a recently reported EAT sexual orientation discrimination case regarding occupational pensions. Mr Walker succeeded in his claim at Tribunal on the grounds that a pension scheme which provided survivor’s benefits to spouses but not to those in a civil partnership, insofar as those benefits derived from service prior to the day the Civil Partnership Act 2004 came into force (5 Dec 2005) was discriminatory.
The ET accepted that the Equality Act 2010 appeared to permit this but held those provisions incompatible with European law. The ET said that civil partners should, therefore, benefit from service at the time before it was unlawful to discriminate on grounds of sexual orientation.
The EAT held the ET was wrong to hold the provisions incompatible and even if it hadn’t been wrong could not have properly interpreted the provisions. No wonder the DWP were interested …………