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

Forgotten your password?

Pension case for part-time judges clears final hurdle – Supreme Court ruling

6 February 2013

The Supreme Court, in O’Brien v Ministry of Justice, has today ruled that part-time judges are entitled to the same pension, pro rata, as full-time judges. Until now, full-time judges receive a judicial pension while part-time judges do not. The pension, as the Ministry of Justice acknowledged, is a significant part of a judge’s remuneration. The principles established will have important implications for all part-time workers.

The case depended on whether the EU Directive on part-time workers applied to judges and, if it did, whether excluding part-time judges from judicial pensions contravened the Directive (and the UK regulations implementing the Directive). That in turn depended on whether excluding part-time judges from judicial pensions could be objectively justified.

As well as ensuring fair treatment for part–time judges, this decision also has wider implications and will be an important yardstick for part-time workers in ensuring that they cannot be treated less favourably just to save the employer money.

Browne Jacobson acted for Mr O’Brien, a Recorder.

Related opinions

Employment Appeal Tribunal rules no entitlement to pay for zero-hour worker during a period of suspension

In a recent case the Employment Appeal Tribunal determined that, as a zero-hour worker, the Claimant was not entitled to be paid whilst he was suspended pending an investigation into an allegation of misconduct.

View blog

Flexible working and leave for carers

The Government has launched a consultation today on potential changes to the statutory flexible working regime.

View blog

Importance of considering flexible working applications

An employment tribunal has awarded an employee almost £185,000 for indirect discrimination following a failure to adequately consider the employee’s flexible working request.

View blog

Potential care home vaccination challenge

Time is rapidly running out for those who will fall within the mandatory vaccination requirements applying to care homes from 11 November 2021 and who remain unvaccinated from Covid-19.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up