The court was asked about the age at which entitlement to a pension began for someone of transgender.
Held: The court was divided, and the issue was referred to the European Court of Justice.
Judges:
Lady Hale, Deputy President, Lord Wilson, Lord Sumption, Lord Toulson, Lord Hodge
Citations:
[2016] UKSC 53, UKSC 2014/0220
Links:
Bailii, Bailii Summary, SC, SC Summary
Statutes:
Council Directive 79/7/EEC, Gender Recognition Act 2004, Civil Partnership Act 2004
Jurisdiction:
England and Wales
Citing:
Cited – Goodwin v The United Kingdom ECHR 11-Jul-2002
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at . .
Cited – P v S and Cornwall County Council ECJ 30-Apr-1996
An employee at an educational establishment told management that he intended to undergo gender reassignment. He was given notice of dismissal.
Held: The scope of the Directive was not confined to discrimination based on the fact that a person . .
At CA – MB v Secretary of State for Work and Pensions CA 31-Jul-2014
The appellant, a male to female transsexual, had remained married to her wife despite having the right to have the marriage annulled following the 2004 Act. She now appealed against rejection of her claim to a state pension on attaining the age of . .
Cited – Richards v Secretary of State for Work and Pensions (Social Policy) ECJ 27-Apr-2006
Ms Richards, previously a married male, had undergone gender re-assignment surgery. She remained married thereafter. Ms Richards applied to the DWP for a pension from the age of 60. That was refused by the Secretary of State for the Department of . .
Cited – Parry v United Kingdom ECHR 28-Nov-2006
. .
Cited – Hamalainen v Finland ECHR 16-Jul-2014
Grand Chamber . .
Lists of cited by and citing cases may be incomplete.
European, Discrimination, Benefits
Updated: 12 November 2022; Ref: scu.570158