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

Gender pay gap reporting - extension until 5 October 2021

The Government confirmed that it would not enforce the usual deadlines for gender pay reporting - 30 March for public sector employers and 4 April for private sector employers.

View blog

Uber drivers entitled to workers rights

Today the Supreme Court unanimously dismissed Uber’s appeal and agreed with the earlier decisions in Uber v Aslam by deciding that Uber drivers are workers not self-employed persons.

View blog

An exit for public sector exit pay

It took over 5 years for secondary legislation implementing the £95,000 cap on public sector exit payments to be brought into force; only a few months later, the Government has announced that the Public Sector Exit Payments Regulations 2020 (the “Regulations”) will be revoked, citing “unintended consequences” which have been identified after “extensive review”.

View blog

Are you prepared for IR35 tax rules this April?

From 6 April 2021, all medium to large private sector companies with a UK connection will assume PAYE liability for payments they make for contractor services provided through an intermediary if it takes the view that the contractor is not a genuine independent contractor but rather a “disguised employee”.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up