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

judicial pension rights - O’Brien and the Advocate General’s opinion

29 November 2011

Whilst the final judgement is not anticipated until early 2012, Advocate General Kokott has now delivered her opinion.

Mr O’Brien, represented by Browne Jacobson LLP and Cloisters Chambers, brought a claim because, as a part-time, fee-paid judge, he was excluded from the judicial pension scheme. In July 2010 the Supreme Court sought ECJ input on:-

  • Can national law determine whether or not judges are “workers who have an employment contract or employment relationship”?
  • Can national law discriminate (a) between full time and part-time judges or (b) between different kinds of part-time judges in the provision of pensions?

The Advocate General considers that it is for national law to decide if a part-time judge is a worker, but there were limits to this discretion. Member States are not allowed to exclude complete categories of part-time worker.

The court does not need to follow the Advocate General’s opinion, but it unusual not to do so.

related opinions

New statutory sick pay regulations

The Statutory Sick Pay (Coronavirus) (Suspension of Waiting Days and General Amendment) Regulations 2020 have now been published and came into force on 28 March 2020.

View blog

Coronavirus and annual leave

Regulations have now been published allowing employees to carry forward 4 weeks of their statutory annual leave entitlement but the circumstances in which such leave can be carried forward are limited.

View blog

The Coronavirus self-employment Income Support Scheme

The Government has now announced the measures that it intends to put in place to support the self-employed who are suffering income loss due to the coronavirus pandemic.

View blog

Suspension of gender pay reports

The Government has confirmed that it will not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers - this year due to the impact of coronavirus.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up