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

Sign in

Register

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

 

Industry insight

In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.

 

Market intelligence

Identify the major players and business opportunities within a particular region through our series of free, special reports.

 

Email newsletters

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.

Analysis from The Lawyer

View more analysis from The Lawyer

Overview

Lacon House
84 Theobald's Road
London
WC1X 8RW
UK
http://www.nabarro.com

Turnover (£m): 116.70
No. of lawyers: 405