O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs)  UKSC 6 UKSC 2012/0168Posted In: Case Law
Case ReferenceUKSC 2012/0168
Legal BodyUK Supreme Court / House of Lords (UKSC/UKHL)
Type of Claim / JurisdictionPensions
Despite the Ministry of Justice arguing that part-time judges were office holders, and therefore not subject to Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, the Supreme Court has ruled that part-time judges in fact have an employment relationship. Thus the Court ruled that they are workers under the Framework Agreement on Part-Time Work and eligible for pro-rated pensions equivalent to those given to their full-time counterparts.
The Court held that, although the provision of pensions to part time judges will diminish the pensions fund for full-time judges, their exclusion up to now was unjustifiable. The pension owed to the appellant will be decided by a
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