Employment barristers at Cloisters, instructed by Browne Jacobson, are arguing that retired Recorder (part-time judge) Dermod O’Brien QC should be entitled to a judicial pension on retirement pro rata to the pension of full-time circuit judges. It is alleged that he has been discriminated against and that this is unlawful under European law as set out in the Part-time Workers Directive.

The Ministry of Justice has argued that this discrimination against part-time workers is not prohibited by European law, asserting that neither Mr O’Brien nor any judge “works” for, or is in an employment relationship with, anyone.

Part-time judges are paid pro rata to full time judges and are entitled to all the same benefits such as maternity and sick pay so should they not also receive the same pension’s rights as their full-time colleagues?

Posted by Edward Benson
0115 976 6211
ebenson@brownejacobson.com