0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

justice for judges

28 July 2010

The Supreme Court has today referred a case against the Ministry of Justice concerning its refusal to grant pensions to thousands of part-time judges to the European Court of Justice.

Employment barristers at Cloisters, instructed by Browne Jacobson, are arguing that retired Recorder (part-time judge) Dermod O’Brien QC should be entitled to a judicial pension on retirement pro rata to the pension of full-time circuit judges. It is alleged that he has been discriminated against and that this is unlawful under European law as set out in the Part-time Workers Directive.

The Ministry of Justice has argued that this discrimination against part-time workers is not prohibited by European law, asserting that neither Mr O’Brien nor any judge “works” for, or is in an employment relationship with, anyone.

Part-time judges are paid pro rata to full time judges and are entitled to all the same benefits such as maternity and sick pay so should they not also receive the same pension’s rights as their full-time colleagues?

related opinions

Sexual Harassment in the workplace – consequences of getting it wrong

A partner at a Magic Circle law firm has this week been ordered to pay £235,000 in fines and costs by a disciplinary tribunal, having been found guilty of breaching his professional obligations.

View blog

High Court finds against WASPI women

The High Court has rejected the judicial review claim brought by the campaign group BackTo60 against the Department of Work and Pensions (DWP).

View blog

When does misconduct by a professional amount to professional misconduct?

The Court of Appeal has considered what amounts to professional conduct for the purposes of the MHPS in the case of Idu –v- The East Suffolk & North Essex NHS Foundation Trust.
The allegations raised against the Appellant surgeon included, amongst others, refusals to follow management instructions and inappropriate (rude, uncivil, and, on occasions, aggressive) verbal and written communications.

View blog

Vegetarianism is not a philosophical belief under the Equality Act 2010

In its Judgment earlier this month, the Tribunal considered whether vegetarianism is capable of being a philosophical belief capable of protection under the Equality Act 2010.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up