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Preliminary victory for Mr O’Brien – what next for Part Time Judicial Pensions?

11 July 2012

On 4 July a Supreme Court hearing took place to consider whether Mr O’Brien’s relationship with the Ministry of Justice (MoJ) is not substantially different to that of a typical ‘employer’ / ‘worker’ relationship. This week, the Court gave a preliminary ruling that Mr O’Brien is a ‘worker’. This signifies a major step towards achieving pensions for part time judges. Mr O’Brien was represented by Rachel Crasnow and Robin Allen QC instructed by Edward Benson, Employment Partner at Browne Jacobson.

Rather than remitting the issue of Objective Justification to the Employment Tribunal for consideration, the Court has also requested that the MoJ substantiate its case on the issue – the last remaining defence open to it. The case has been listed for a further hearing in November.

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