Civil partners: restrictions on benefits upheld
By Ian Greenstreet
The Employment Appeal Tribunal (EAT) has ruled that the restriction in the Equality Act that provides that survivors’ benefits for civil partners need only be provided in relation to service since 5 December 2005 is lawful.
Mr Walker was employed by Innotec from 1980 until his retirement in 2003. He entered a civil partnership in January 2006. On his death, his partner will be entitled to a pension of about £500 a year (being a survivor’s GMP) whereas, if the restriction did not apply, the pension would be more than £40,000.
In January 2013, an employment tribunal decided that the restriction in the Equality Act is in breach of the EU Equal Treatment Directive and that the failure to provide a survivor’s pension equivalent to that which would be provided to a widow (i.e. for the full period of Mr Walker’s pensionable service) was both directly and indirectly discriminatory on the grounds of sexual orientation…
Click on the link below to read the rest of the Nabarro briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from The Lawyer
Analysis from The Lawyer
Nabarro senior partner and self-confessed “IT geek” Graham Stedman is heralding a major set of investments in technology ahead of the firm’s move to 125 London Wall this year.
Clients are more willing to bring claims against professional service providers but the risk to defendants is not as dramatic as it might seem