Pensions have got a little more equal
Editorial: The Supreme Court's decision to grant Mr Walker’s husband spousal benefit entitlements as if he were a wife should be applauded. But it is sad to learn that UK law still enshrined unequal treatment of gay people.
The Walker v Innospec case demonstrates that some people are still ‘more equal’ than others in today’s society.
More rights – equality – usually means giving someone more power. One way to do this is by giving them money. That can of course mean less money (and power) for everyone else, causing resistance in some quarters. But that is a price we should be happy to pay.
Sadly, the Supreme Court did not dare to impose equality in a case involving part-time judge Dermod O’Brien.
“You can’t help thinking” that its decision to refer the case to the Court of Justice of the European Union has something to do with the fact the respondent is the Ministry of Justice, said Penny Cogher, partner at law firm Irwin Mitchell. Especially as the judgment noted that most of the court were “inclined to think” that he should have equal rights to a full-time worker.
Speaking to five different pension lawyers, I heard a variety of reasons for why the case might have been referred, while Walker v Innospec was not. Some said there was existing case law for the latter but not the first, others noted that the two cases related to different European directives, and a third opinion was that the O’Brien case was more to do with day-to-day accrual than equality at the point of retirement.
When there is no single obvious reason for a judgment and people come out with a multitude of plausible yet not fully convincing explanations, it makes me think that the real reason cannot be named. What a shame if that were the case, for Mr O’Brien and all the other part-time workers who are unfairly receiving no pensions in respect of service before 2000. It can only be hoped that his solicitor was right when she said that she expects a favourable outcome in Europe.
Please note: Pensions Expert will have a print break over the summer but will continue to publish online. We will be back in print on September 4.
Sandra Wolf is editor at Pensions Expert. You can follow her on Twitter @SandraCWK and the team @pensions_expert.