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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.
Far-ranging month for the Chair of the Bar
Endometriosis Awareness North, a charity raising awareness of endometriosis and supporting those affected across the North of England, has received a £500 boost from AlphaBiolabs via the company’s Giving Back initiative
Marie Law, Director of Toxicology at AlphaBiolabs, examines the most recent data on alcohol misuse in the UK, and the implications for alcohol testing in family proceedings
Clement Cowley, Partner at The Penny Group, explains how tailored financial planning can help barristers take control of their finances and plan with confidence
Marie Law, Director of Toxicology at AlphaBiolabs
A £500 donation from AlphaBiolabs has been made to the leading UK charity tackling international parental child abduction and the movement of children across international borders
Seeing the full picture – Baljit Ubhey OBE outlines the CPS action plan to tackle violence against women and girls, offering insights directly relevant to courtroom practice
Heritage as an anchor and a compass, finding our common humanity and embracing the power of the outsider – Melina Antoniadis’s lessons learnt
Is the Judicial Conduct Investigations Office process fit for purpose? Women barristers’ experiences of bullying are not being reported or, if they are, they are not making it through the system, says Tana Adkin KC
Review by Daniel Barnett
Chair of the Bar reports back
