Family Solicitors

A unanimous decision by five judges at the Supreme Court means that an exemption in the Equality Act allowing companies to exclude same-sex partners from spousal benefits paid into pension funds before December 2005 is discriminatory.

Liberty took up the case of John Walker, who has fought a five-year battle to ensure that his husband is entitled to receive the same pension rights as heterosexual couples.

John Walker retired from chemicals group Innospec in 2003, having worked for the company for more than 20 years and having made the same pension contributions as heterosexual employees.

The Department of Work and Pensions (DWP) had supported Innospec’s position and argued that gay couples in the position of Mr Walker and his husband should not benefit from the same pension arrangements as heterosexual couples because of the exemption.

The Supreme Court judgment finds that the legal status of gay and lesbian employees “has been transformed” as a result of equality legislation introduced by the EU, making the exemption illegal.

However, Liberty is warning that the UK must continue to protect the rights of gay and lesbian employees once Britain leaves the EU.

Emma Norton – Liberty lawyer acting for Mr Walker – said:

“We are delighted the Supreme Court recognised this pernicious little provision for what it was – discrimination against gay people, pure and simple.

“But this ruling was made under EU law and is a direct consequence of the rights protection the EU gives us – we now risk losing that protection.

“The government must promise that there will be no rollback on LGBT rights after Brexit – and commit to fully protecting them in UK law.”

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