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ARTICLE · 25 SEPTEMBER 2017

Pensions Update: Landmark Ruling Points The Way Forward For Pension Schemes In Ireland

Mason Hayes & Curran LLP
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In July 2017, the UK Supreme Court unanimously ruled in Walker v Innospec Limited & Others that an exemption in the UK Equality Act 2010 is discriminatory and in breach of EU equality law.

IrelandEmployment and HR
Stephen Gillick
Stephen Gillick
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In July 2017, the UK Supreme Court unanimously ruled in Walker v Innospec Limited & Others that an exemption in the UK Equality Act 2010 is discriminatory and in breach of EU equality law. The exemption allows pension schemes to exclude same-sex partners from benefits paid into pension funds before December 2005.

The Court noted that this exemption infringed EU Directive 2000/78/EC which requires Member States to prohibit discrimination in employment on various grounds including sexual orientation.

What does this ruling mean?

The ruling means that the provision in the UK Equality Act 2010 is immediately dis-applied and any pension schemes that continue to take advantage of the exemption are doing so unlawfully.

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