Case details

Walker (Appellant) v Innospec Limited and others (Respondents)

Case ID: UKSC 2016/0090

Case summary

Issue

Whether a male employee is entitled to require a pension fund to pay a surviving spouse’s pension to his civil partner or husband on the same basis that such a pension would be payable if he were married to a woman.

Facts

Mr Walker worked for Innospec Ltd from January 1980 until his retirement on 31 March 2003. He was a member of Innospec’s pension scheme, which provided that if a member dies on or after 1 December 1999 leaving a surviving spouse, then that spouse will receive a pension for life. At the date of his retirement Mr Walker had been living with his male partner since September 1993.

The Framework Directive established a framework for combating discrimination, including sexual orientation. The United Kingdom was required to transpose that directive into domestic law by 2 December 2003. The Civil Partnership Act 2004 came into force on 5 December 2005. Mr Walker and his partner registered a civil partnership on 23 January 2006. They have since married.

Innospec informed Mr Walker that, for the purposes of the surviving spouse’s pension, he and his partner would only be treated as a married couple from 5 December 2005. Mr Walker brought a claim in the Employment Tribunal against Innospec alleging discrimination. The Employment Tribunal decided in his favour. On appeal, the Employment Appeal Tribunal (EAT) reversed that decision; the Court of Appeal upheld the decision of the EAT. Mr Walker now appeals to the Supreme Court.

Judgment appealed

[2015] EWCA Civ 1000

Parties

Appellant

John Perry Donaldson Walker

Respondents

Innospec Limited and others

Interested Party

Secretary of State for Work and Pensions

Appeal

Justices

Lady Hale, Lord Kerr, Lord Reed, Lord Carnwath, Lord Hughes

Hearing start date

08 Mar 2017

Hearing finish date

09 Mar 2017

Watch hearing
08 Mar 2017 Morning session Afternoon session
09 Mar 2017 Morning session Afternoon session