Mrs Linda Goodwin v The Secretary of State for Education: 1308506/2019

EMPLOYMENT TRIBUNALS

Case No 1308506/2019

Between

Mrs Linda GoodwinClaimant

The Secretary of State for EducationRespondent

Before

Employment Judge T Adkin

Date 30 June 2020

JUDGMENT

BY CONSENT, the Tribunal makes the following judgment and declaration:

[1]Pursuant to rule 34 in Schedule 1 to the Employment Tribunal (Constitution and Rules of Procedure) Regulations 2013, Linda Goodwin shall be substituted in place of Mr Lionel Victor Goodwin as the Claimant in this claim.

[2]Pursuant to sections 124(2)(a) and 126 of the Equality Act 2010, the Tribunal declares that:2.1 By providing for a survivor’s pension which is less favourable for a widower or surviving male civil partner of the Claimant than for a widow or surviving female civil partner of a female scheme member, regulations 94 and 96 of, and Schedules 8 and 9 to, the Teachers’ Pensions Regulations 2010 (as amended) (‘the 2010 Regulations’) directly discriminate because of sexual orientation and thereby result in a breach of the non-discrimination rule in section 61(1) to the Equality Act 2010. Case Number: 1308506/2019

2.2 Pursuant to section 61(3) of the Equality Act 2010, the 2010 Regulations shall have effect so that a widower or surviving male civil partner of the Claimant shall be entitled to the same pension as he would if he were a widow or surviving female civil partner of the Claimant.