*/
Part-time Recorders are not entitled to judicial pensions, the Court of Appeal has held.
O’Brien v Department for Constitutional Affairs [2008] EWCA Civ 1448 concerned a part-time Recorder who sat from 1978 until he retired in 2005. Recorders usually continue in practice as a solicitor or barrister while sitting part-time.
Dermot O’Brien was ineligible for a pro-rata’d judicial pension because of a regulation excluding judicial office holders who are remunerated on a daily fee-paid basis. He claimed this amounted to unlawful discrimination against him as a part-time worker.
He argued that the relevant regulation, reg 17 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, was incompatible with the Part-time Workers Framework Directive 97/81/EC, and should be disapplied. However, Lord Justice Maurice Kay and two judges found that judicial office holders are not “workers” in the sense of the regulation, and so there was no incompatibility.
O’Brien v Department for Constitutional Affairs [2008] EWCA Civ 1448 concerned a part-time Recorder who sat from 1978 until he retired in 2005. Recorders usually continue in practice as a solicitor or barrister while sitting part-time.
Dermot O’Brien was ineligible for a pro-rata’d judicial pension because of a regulation excluding judicial office holders who are remunerated on a daily fee-paid basis. He claimed this amounted to unlawful discrimination against him as a part-time worker.
He argued that the relevant regulation, reg 17 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, was incompatible with the Part-time Workers Framework Directive 97/81/EC, and should be disapplied. However, Lord Justice Maurice Kay and two judges found that judicial office holders are not “workers” in the sense of the regulation, and so there was no incompatibility.
Part-time Recorders are not entitled to judicial pensions, the Court of Appeal has held.
Update from the Chair of the Bar
Harmony Christian Ministries is the latest charity to benefit from a £500 donation from AlphaBiolabs via the company’s Giving Back initiative
By David Green
Mário Barroso, Head of R&D and Method Development at AlphaBiolabs, examines the forensic science underpinning hair drug testing, its evidential scope and limitations, and why it remains the gold standard for evidencing patterns of drug use in family proceedings
Unlocking your aged debt to fund your tax in one easy step. By Philip N Bristow
Clement Cowley, Partner at The Penny Group, discusses the upcoming changes to pensions and Inheritance Tax and the potential impact on your financial future
Reviewed by Daniel Barnett
James McNeill Whistler at Tate Britain until 27 September Rothko in Florence at Palazzo Strozzi until 23 August Reviewed by Stephen Cragg KC
The Chief Legal Officer to the Metropolitan Police, barrister Brett Welch, tells Anthony Inglese CB about his mission and the work to turn the Met around
Barrister apprenticeships – shortly to provide the fourth pathway to the Bar – are an ideal opportunity to support local talent and ‘grow your own’, say Tim Coulson and Dr Jane Dennehy
Oliver Lewis spotlights an overlooked yet rapidly evolving area of law – coercive and controlling behaviour within care contexts
.tmb-carlisting.jpg?sfvrsn=9ca7ad96_1)
