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Same Sex Couples - the end of pension inequality

View profile for Melanie Loxley
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In Walker v Innospec Limited and others [2017] the Supreme Court ruled unanimously that legislation which allows employers to exclude same sex partners from spousal benefits paid into pension funds prior to December 2005 is discriminatory.  This decision has resulted in that legislation being immediately disapplied.

Mr Walker’s employers, Innospec, had made it clear to Mr Walker that in the event of his death, his civil partner would receive less of his survivor benefits than a wife would have received, had Mr Walker been married to a woman, as all benefits accruing before 2005 would have been ignored.

It is heartening that such discriminatory legislation against gay people has been addressed and remedied.  Family law has seen many changes to the rights of the LGBT community in recent years and it is good to see other areas of law are catching up. 

Birkett Long has many experts in wealth protection, across many different disciplines, from cohabitation and prenuptial agreements on relationship formation, right through to tax and asset planning on death. If you need advice on how to protect your wealth, your business or your loved ones, we can help. I am based at our Colchester Office and can be contacted on 01206 217384 or email