Posted on 1 August 2011
Widower sues Department of Health in sexual discrimination case
Posted in Legal news
A man is taking the Department of Health (DOH) to court after claiming that he has lost money in extra pension payments due to sexual discrimination.
Iain Cockburn cared for his wife before she lost her battle with cancer in February 2007 but is now in a dispute with the department over the NHS pension that his late wife, a doctor, paid into for 24 years as he receives £3,200 a year less than a widow would in the same situation.
The DOH has admitted the disparity, blaming differences in the way it is calculated, because contributions from deceased female partners are discounted whereas widows receive the full contributions made by their male partners. The DOH claims that this is “objectively and reasonably justified”, due to the weaker economic position that women usually hold following the death of a male partner.
However Mr Cockburn has launched legal action against the department and is being supported by the British Medical Association (BMA) who say that the disparity amounts to unlawful discrimination. The BMA wanted to bring a test case against the NHS and asked for a suitable candidate to come forward, which Mr Cockburn did while sorting out his late wife’s will.