O'Brien and others v Ministry of Justice and others [2015]

  • Case Reference
    EWCA Civ 1000
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Pensions, A-Typical Working
Issues covered: Equal Treatment Framework Directive; Part Time Workers Directive; Retro-activity

Both of these joined cases involved the right or otherwise to pension benefits and the particular dates from which entitlements might apply. O'Brien was a part-time judge and sought pension entitlements pro-rated with full-time judges. In this particular case, the claimant sought back-dating of pension entitlements to the date he started work (1978) rather than 2000, when the Part Time Workers Directive was transposed into UK law. The Court of Appeal ruled against him - the principle of 'no retro-activity' means that EU laws should not have a retrospective effect; they should apply from the

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This article is correct at 09/10/2015
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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