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