O'Brien v Ministry of Justice (Formerly the Department for Constitutional Affairs) [2013] UKSC 6 UKSC 2012/0168

  • Case Reference
    UKSC 2012/0168
  • Legal Body
    UK Supreme Court / House of Lords (UKSC/UKHL)
  • Type of Claim / Jurisdiction
    Pensions
Issues covered: Part time workers; judges; pensions

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,

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This article is correct at 08/02/2013
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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