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

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.

related opinions

Job Support Scheme

The Government has been firm that there will be no extension to the current Job Retention Scheme which is due to end on 31 October. However yesterday saw the announcement of the Job Support Scheme.

View blog

Costs in the Employment Tribunal

At a time when Tribunal resources are being increasingly stretched, this case should act as a reminder for both parties.

View blog

Employment tribunal changes ahead

There is currently a backlog of employment tribunals – with the number of cases being dealt with rising by 26% since March, and expected to continue to rise with the end of the current Coronavirus Job Retention Scheme next month.

View blog

Is it reasonable to dismiss an employee without any prior procedure being followed as a result of a breakdown in relations?

The Employment Appeal Tribunal (EAT) has upheld the Employment Tribunal’s (ET) finding that a dismissal may be fair despite no prior procedure being followed.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up