The Supreme Court has overturned the Court of Appeal's decision and held that civil partners and same-sex spouses are entitled to pension benefits accrued before the introduction of civil partnerships on 5 December 2005.
Updated to include information on Michalak v General Medical Council and others, in which the Supreme Court held that the employment tribunal had jurisdiction to hear a discrimination claim against the General Medical Council.
We round up three recent European Court of Justice (ECJ) judgments about discrimination. The ECJ has recently considered: temporary incapacity caused by a workplace accident in Barcelona; the recruitment age limit for Basque police officers; and survivors' pensions for same-sex partners in Ireland.
The Employment Appeal Tribunal has held that the Equality Act 2010 does not breach EU law by denying a couple in a civil partnership accrual of benefits to which married couples were entitled under a pension scheme.
The Supreme Court has held that the owners of a bed and breakfast, whose religious beliefs include that sexual relations outside heterosexual marriage are sinful, could not justify their refusal to give civil partners a room with a double bed, in this important discrimination case on the conflict between sexual orientation laws and the right to manifest religious beliefs.
Additional information on the law on marriage and civil partnership discrimination for local authority employers, including the public sector equality duty. To be read in conjunction with the general information on the law on marriage and civil partnership discrimination.
The employment tribunal held that the Equality Act 2010 failed to provide the required protection under EU law for a couple in a civil partnership who were denied accrual of benefits to which married couples were entitled under a pension scheme.
In Hawkins v Atex Group Ltd and others EAT/0302/11, the EAT held that the dismissal of an employee because she was in a close personal relationship with a particular person, which happened to take the form of marriage, did not amount to unlawful marriage discrimination.
In Dunn v Institute of Cemetery and Crematorium Management EAT/0531/10, the EAT held that less favourable treatment accorded to an employee on the ground that she was married to a particular person, rather than because of her marital status per se, amounted to unlawful discrimination on the ground of marriage.
Georgina Kyriacou and David Malamatenios are partners and Sandra Martins, Colin Makin and Krishna Santra are associates at Colman Coyle Solicitors. They round up the latest rulings.
HR and legal information and guidance relating to marriage and civil partnership discrimination.