28 October 2015
No "retroactivity" of EU law: Walker v Innospec and O’Brien v Ministry of Justice
This publication looks at the key points highlighted by the Court of Appeal in dismissing two appeals against decisions of the Employment Appeal Tribunal regarding discrimination against a part-time worker and a civil partner in relation to pension provision: O’Brien v Ministry of Justice and Walker v Innospec.
The Court applied the principle that new EU law will not have retroactive effect. Unequal pension benefits that were lawful when accrued will not become unlawful under a later change in EU law even if the benefits only become payable after the change in EU law.
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