About Me

I’m a Barrister at Atlantic Chambers looking at various aspects of Employment Law including new developments in case law and legislation.

Part-time Judges and Pensions in the European Court of Justice - O'Brien v Ministry of Justice (2012) Case C-393/10

The Court of Justice of the European Union (“CJEU”) have handed down its decision in O’Brien v Ministry of Justice (2012) Case C‑393/10 in response to a reference from the United Kingdom’s Supreme Court.

Mr O’Brien, a former part-time Judge (Recorder), had originally presented an Employment Tribunal claim alleging that he had been discriminated against under the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (“the Regulations”), on the ground that he was not entitled to a pro-rata judicial pension on retirement. Mr O’Brien claimed that as a fee paid part time Judge, he should be entitled to the same pension as full time Judges and salaried part time Judges.

Continue reading Part-time Judges and Pensions in the Court of Justice of the European Union – O’Brien v Ministry of Justice (2012) Case C-393/10

Employment Status and Sham Agreements - Autoclenz Ltd v Belcher [2010] IRLR 70 on appeal to the Supreme Court

Introduction

The Supreme Court heard an appeal last week from the Court of Appeal’s decision in Autoclenz Ltd v Belcher [2010] IRLR 70.  The Supreme Court’s Judgment is likely to be an important decision regarding employment status and in particular the circumstances in which an Employment Tribunal or Court is entitled to find that a purported self-employment contract should be considered a ‘sham’.

Arguably the most important employment rights available to employees, including the right not to be not to be unfairly dismissed are granted only to those who are ‘employees’ under section 230 of the Employment Rights Act 1996.  Under section 230(1) an employee is defined as ‘an individual who has entered into or works under … a contract of employment’.  Under section 230(2) a ‘contract of employment’ is defined as ‘a contract of service or apprenticeship, whether express or implied, and (if it is express) whether oral or in writing’. Continue reading Employment Status and Sham Agreements – Autoclenz Ltd v Belcher [2010] IRLR 70 on appeal to the Supreme Court