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

Posted In: Case Law
  • 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 date on which they are required to be law. In his case that was 2000, so earnings before that could

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This article is correct at 09/10/2015

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