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

Children and contact with parents who are domestic abusers

It was announced on 15 May 2019 that “more than 120 MPs have written to the government asking for an inquiry into how family courts in England and Wales treat victims of domestic violence.”

View blog

Extension to exemption from Tier 2 visa salary threshold for STEM and Mandarin teachers

The Government has announced that the current exemption from the £30,000 minimum salary threshold for Tier 2 (General) sponsored workers in a number of public service professions has been extended.

View blog

Could suspension of an employee pending an investigation amount to a breach of their employment contract?

The Court of Appeal recently provided authoritative guidance on disciplinary suspensions including on whether the suspension of an employee facing serious allegations, pending an investigation, could amount to a repudiation of their employment contract.

View blog

How do you determine if a disability is 'long-term'?

The Employment Appeals Tribunal ('EAT') has recently considered the approach that should be taken when considering whether an impairment can be said to be 'long-term'.

View blog

mailing list sign up

Select which mailings you would like to receive from us.

Sign up