Source: All England Reporter
Publisher Citation: [2017] All ER (D) 77 (Jul)
Neutral Citation: [2017] UKSC 47
Court: Supreme Court
Judge:

Lady Hale DP, Lord Kerr, Lord Reed, Lord Carnwath and Lord Hughes SCJJ

Representation Martin Chamberlain QC and Max Schaefer (instructed by Liberty) for the appellant.
  Nicholas Randall QC and Claire Darwin (instructed by Eversheds Sutherland (International) LLP) for Innospec.
  Jason Coppel QC and Holly Stout (instructed by the Government Legal Department) for the Secretary of State, as interested party.
Judgment Dates: 12 July 2017

Catchwords

Pension - Equal treatment in employment and occupation - Sexual orientation

The Case

Pension Equal treatment in employment and occupation. The particularly para 18(1)(b), which authorised the restriction of payment of benefits based on service before the had come into force, was incompatible with and had to be disapplied. Accordingly, the Supreme Court declared that the appellant's husband, provided that he did not predecease him and that they remained married, was entitled to a spouse's pension calculated on the basis of all the years of the appellant's service with the respondent.

Practice Areas

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