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.