Search Results for: Directive 97/81/EC

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Matthews and others v Kent and Medway Towns Fire Authority and others: CA 2 Jul 2004

Part time retained firefighters claimed discrimination under the Regulations when their conditions of service were compared with those of full-time firefighters. They appealed a finding that they had been employed under different types of contract and that therefore no claim arose. Held: There was insufficient reason to treat the retained firefighters as being employed under … Continue reading Matthews and others v Kent and Medway Towns Fire Authority and others: CA 2 Jul 2004

Istituto nazionale della previdenza sociale (INPS) v Bruno, Pettini (Social Policy): ECJ 10 Jun 2010

Europa Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not worked disregarded – Discrimination.The question arose whether service prior to the entry into force of the directive counted towards the service required … Continue reading Istituto nazionale della previdenza sociale (INPS) v Bruno, Pettini (Social Policy): ECJ 10 Jun 2010

O’Brien v Ministry of Justice: ECJ 1 Mar 2012

1) European Union law must be interpreted as meaning that it is for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ in clause 2.1 of the Framework Agreement . . and in particular, to determine whether judges fall within that concept, subject to the condition … Continue reading O’Brien v Ministry of Justice: ECJ 1 Mar 2012

Istituto nazionale della previdenza sociale (INPS) v Lotti, Matteucci (Social Policy): ECJ 10 Jun 2010

EU Directive 97/81/EC – Framework Agreement on part-time work – Equal treatment of part-time and full-time workers – Calculation of the period of service required to obtain a retirement pension – Periods not worked disregarded – Discrimination. Citations: C-396/08, [2010] EUECJ C-396/08 Links: Bailii Statutes: Directive 97/81/EC Jurisdiction: European Cited by: Cited – O’Brien v … Continue reading Istituto nazionale della previdenza sociale (INPS) v Lotti, Matteucci (Social Policy): ECJ 10 Jun 2010

Department of Constitutional Affairs v O’Brien: EAT 22 Apr 2008

EAT JURISDICTIONAL POINTS Claim in time and effective date of terminationExtension of time: just and equitable Appeal against Chair’s exercise of discretion to extend time for a PTWR claim allowed. The Chair had asked whether there was a good reason not to extend, rather than whether there was a good reason to do so, and … Continue reading Department of Constitutional Affairs v O’Brien: EAT 22 Apr 2008

Christie v Department for Constitutional Affairs Department for Work and Pensions: EAT 23 Jul 2007

EAT Part time chairmen of tribunals are not workers within the legislation allowing them to claim payment of a pension. Regulation 17 was compatible with the Directive. Judges: Elias J Citations: [2007] UKEAT 0140 – 07 – 2307, Times 04-Nov-2007, [2007] ICR 1553 Links: Bailii Statutes: Part-time Workers Framework Directive 97/81/EC, Part-time Workers (Prevention of … Continue reading Christie v Department for Constitutional Affairs Department for Work and Pensions: EAT 23 Jul 2007

Matthews and others v Kent and Medway Towns and Fire Authority and others: HL 1 Mar 2006

Retained or part-time firefighters sought parity of working conditions with full time firefighters. Held: The retained firefighters’ appeal succeeded (Lords Carswell and Mance dissenting). The test was whether the part-time and full time workers had substantially similar contract and did substantially similar work. What was meant by similarity in this case had to be tested … Continue reading Matthews and others v Kent and Medway Towns and Fire Authority and others: HL 1 Mar 2006

Wippel v Peek and Cloppenburg GmbH and Co. KG: ECJ 12 Oct 2004

ECJ Opinion – Directive 97/81/EC – Directive 76/207/EEC – Social policy – Equal treatment as between part-time and full-time workers – Equal treatment as between male and female workers – Working hours and organisation of working-time.A part-time worker was engaged under a framework contract of employment which lasted in the event from October 1998 to … Continue reading Wippel v Peek and Cloppenburg GmbH and Co. KG: ECJ 12 Oct 2004

Isabel Elbal Moreno v Instituto Nacional De La Seguridad Social (Inss): ECJ 22 Nov 2012

ECJ Article 157 TFEU – Directive 79/7/EEC – Directive 97/81/EC – Framework Agreement on part-time work – Directive 2006/54/EC – Contributory retirement pension – Equal treatment for male and female workers – Indirect discrimination on grounds of sex Judges: C Toader Citations: C-385/11, [2012] EUECJ C-385/11 Links: Bailii Statutes: Directive 97/81/EC, Directive 79/7/EEC Jurisdiction: European … Continue reading Isabel Elbal Moreno v Instituto Nacional De La Seguridad Social (Inss): ECJ 22 Nov 2012

Universiteit Antwerpen and Others: ECJ 5 May 2022

(Judgment) Reference for a preliminary ruling – Social policy – Part-time work – Directive 97/81/EC – ETUC, UNICE and CEEP framework agreement on part-time work – Clause 4, point 1 – Principle of non-discrimination – Part-time academic staff – Automatic permanent appointment reserved for academic staff with a full-time teaching load – Calculation of the … Continue reading Universiteit Antwerpen and Others: ECJ 5 May 2022

Miller and Others v Ministry of Justice: SC 16 Dec 2019

The issue in this appeal is when time starts to run for a claim by a part-time judge to a pension under the Part-time Workers’ Directive (Directive 97/81) (‘PTWD’), as applied by the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551). The Appeals were allowed. As judicial officers are not employed under … Continue reading Miller and Others v Ministry of Justice: SC 16 Dec 2019

O’Brien v Ministry of Justice: ECJ 17 Nov 2011

ECJ (Opnion) Directive 97/81/EC – Framework Agreement on part-time work – Notion of part-time workers who have an employment contract or employment relationship – Part-time judgesKokott AG said: ‘In this connection, I would also point out that it is difficult to determine how the rights granted by the Framework Agreement in general, and an entitlement … Continue reading O’Brien v Ministry of Justice: ECJ 17 Nov 2011

O’Brien v Ministry of Justice: SC 12 Jul 2017

The claimant challenged e pension arrangements made for part time judges. Held: ‘The majority of the court are inclined to think that the effect of Directive 97/81 is that it is unlawful to discriminate against part-time workers when a retirement pension falls due for payment. The directive applies ratione temporis where the pension falls due … Continue reading O’Brien v Ministry of Justice: SC 12 Jul 2017

O’Brien v Ministry of Justice and Others: CA 6 Oct 2015

The claimants each sought additional pensions, saying that discrimination laws which had come into effect (for part time workers and for sexual orientation) should be applied retrospectively. Held: The decision was upheld. The ‘no retroactivity’ principle of EU law was ‘that EU legislation does not have retroactive effect unless, exceptionally, it is clear from its … Continue reading O’Brien v Ministry of Justice and Others: CA 6 Oct 2015

O’Brien v Ministry of Justice: ECJ 7 Nov 2018

Reference for a preliminary ruling – Social policy – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Clause 4 – Principle of non-discrimination – Part-time workers – Retirement pension – Calculation of the amount of the pension – Account taken of years of service completed before expiry … Continue reading O’Brien v Ministry of Justice: ECJ 7 Nov 2018

Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

The claimant appealed after her claim for sex discrimination had failed. She had been dismissed from her position an associate minister of the church. The court had found that it had no jurisdiction, saying that her appointment was not an employment. However the jurisdiction in sex discrimination cases was wider, extending to those who ‘contract … Continue reading Percy v Church of Scotland Board of National Mission: HL 15 Dec 2005

O’Brien v Ministry of Justice: SC 6 Feb 2013

The appellant, a part time recorder challenged his exclusion from pension arrangements. Held: The appeal was allowed. No objective justification has been shown for departing from the basic principle of remunerating part-timers pro rata temporis. ‘The reality is that recorders are expected to observe the terms and conditions of their appointment, and that they may … Continue reading O’Brien v Ministry of Justice: SC 6 Feb 2013

Cachaldora Fernandez v Instituto Nacional de la Seguridad Social: ECJ 14 Apr 2015

ECJ Grand Chamber – Judgment – Reference for a preliminary ruling – Male and female workers – Equal treatment in matters of social security – Directive 79/7/EEC – Article 4 – Directive 97/81/EC – UNICE, CEEP and ETUC Framework Agreement on part-time work – Calculation of benefit – System for inclusion of contribution gaps – … Continue reading Cachaldora Fernandez v Instituto Nacional de la Seguridad Social: ECJ 14 Apr 2015

O’Brien v Ministry of Justice: SC 28 Jul 2010

The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 2010

Mascellani v Ministero della Giustizia: ECJ 22 May 2014

mascellani_ecj_0514 Opinion – Social policy – Directive 97/81/EC – Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC – Conversion of a part-time employment contract into a full-time employment contract against the worker’s will Wahl AG C-221/13, [2014] EUECJ C-221/13 – O, [2014] EUECJ C-221/13 Bailii, Bailii Directive 97/81/EC European, Employment Updated: … Continue reading Mascellani v Ministero della Giustizia: ECJ 22 May 2014

O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008

The claimant was a part time recorder. He claimed to be entitled to a judicial pension. Held: The Employment Appeal Tribunal was wrong to find an error of law in the decision of the Employment Tribunal to extend time; but the court declined to remit the case to the Employment Tribunal for a substantive hearing … Continue reading O’Brien v Department for Constitutional Affairs: CA 19 Dec 2008