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

Part-time judges entitled to backdate judicial pensions

12 November 2018

Mr O’Brien, a part-time judge, was not eligible to receive a judicial pension on retirement. In 2005 he brought a claim in the Employment Tribunal, under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. In February 2013, the Supreme Court held that Mr O’Brien was entitled to a retirement pension on terms equivalent to a full-time judge. However, there was still a question as to whether the years served by Mr O’Brien prior to the introduction of the Regulations should be included when calculating his pension.

The Ministry of Justice argued that Mr O’Brien should only be entitled to count those years of service that arose after the introduction of the Regulations. This question was ultimately referred to the ECJ, who agreed with Mr O’Brien that his service from the beginning of his appointment (1 March 1978) should be counted, in accordance with 'the future effects principle'.

The European Court of Justice therefore concluded that the effect of Directive 97/81 is that “periods of service prior to the deadline for transposing that directive must be taken into account for the purpose of calculating the retirement pension entitlement.”

related opinions

As Japan becomes 'adequate' for data protection laws...will the UK soon become 'inadequate'?

On 23 January 2019, the European Commission and the Personal Information Commission of Japan, concluded a two-year-long dialogue and the adoption of the decisions recognising each other’s personal data protection systems as ‘equivalent’.

View blog

Court of Appeal rules that an appeal submitted out of time should be allowed to be heard

Court of Appeal ('CA') has recently permitted an application for an extension of time to submit an appeal with the Employment Appeal Tribunal ('EAT') because it was in the interests of justice to do so.

View blog

Workforce and immigration update - settlement fees scrapped and new settlement scheme

Many NHS Trusts have been debating the extent to which settlement fees should be paid to employees and family members. For those still engaged in the debate Theresa May’s announcement on 21 January 2019 that the settlement application fee would be scrapped will have been welcome news.

View blog

Google penalised €50m for GDPR breach

The first major financial penalty of €50m (£44m) has been imposed on Google LLC (EU HQ in Ireland) by CNIL, the French data regulator.

View blog

mailing list sign up



Select which mailings you would like to receive from us.

Sign up