Judges: Bean, Flaux, Peter Jackson LJJ Citations: [2018] EWCA Civ 2427, [2018] WLR(D) 673 Links: Bailii, WLRD Statutes: Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 Jurisdiction: England and Wales Employment, Discrimination Updated: 17 June 2022; Ref: scu.628691
This appeal raises a short point. It arises out of the long running litigation about whether, and to what extent, part-time fee-paid judges have been treated less favourably than full-time salaried judges contrary to the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. Held: The Ministry’s appeal failed. The appellant had not established any … Continue reading Ministry of Justice v Burton and Another: CA 12 Jul 2016
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
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
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
The applicant was employed by the respondent and sought leave to work for the CAB for a year, requesting a sabbatical. Leave was refused. He applied to the employment tribunal, but objected that the chairman had, in a previous case, indicated his strong dislike of the applicant. The chairman refused to recuse himself. Held: The … Continue reading Lodwick v London Borough of Southwark: EAT 7 Mar 2003
PART TIME WORKERS A worker employed under an associate lecturer’s contract of employment described by the Employment Tribunal as a zero-hours contract, was employed under the same type of contract as a lecturer on a full-time contract for the purposes of Regulation 2(2) and 2(4)(a)(i) Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000. The … Continue reading Roddis v Sheffield Hallam University: EAT 26 Mar 2018
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
JURISDICTIONAL POINTS – Extension of time: just and equitable The Claimant was a part-time fee-paid judicial office holder who claimed a pension following the litigation in O’Brien v Ministry of Justice. His claim was presented more than five years out of time. In deciding whether it is just and equitable to extend time for bringing … Continue reading Dowokpor v Ministry of Justice: EAT 23 Mar 2018
PART TIME WORKERS The Claimant was a Barrister and worked part-time as a Recorder. His application for extension of office so that he could continue to sit beyond his statutory retirement age of 70 was refused by the Respondent, while a Circuit Judge, accepted as being a relevant full-time comparator, was permitted to work on … Continue reading Ministry of Justice v Blackford (Part Time Workers): EAT 6 Mar 2018
EAT PART TIME WORKERS The Employment Tribunal correctly approached the question whether the Claimant was treated by the Respondent less favourably than it treated a full-time comparator as regards a term of the contract concerned with pattern of availability for work (regulation 5(1)(a) of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000). The … Continue reading British Airways v Pinaud (Part Time Workers): EAT 1 Aug 2017
Part time employment judge’s complaint about differential treatment on judicial pension Longmore LJ [2016] EWCA Civ 379 Bailii Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 England and Wales Employment, Discrimination, Legal Professions Updated: 14 January 2022; Ref: scu.563247
EAT Part Time Workers – The claimant made a claim under the Part-Time workers (Prevention of Less Favourable Treatment) Regulations 2000. The claimant worked as clerk to the General Commissioners of Income Tax until that body was abolished in 2009. The Taxes Management Act 1970 provided by section 3(3) a discretionary power to award a … Continue reading Barton v Secretary of State for Scotland and Others (Part Time Workers): EAT 10 Mar 2015
EAT PART TIME WORKERS The Appellants are fee-paid medical members of Tribunals. They were not given access to a pension scheme in respect of their service whereas salaried or full-time regional medical members were. The Appellants contended that the work of the typical fee-paid medical member was the same as or broadly similar to that … Continue reading Moultrie and Others v The Ministry of Justice (Part Time Workers): EAT 16 Jan 2015
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
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
moultrie_MOJEAT201501 EAT Part Time Workers – The Appellants are fee-paid medical members of Tribunals. They were not given access to a pension scheme in respect of their service whereas salaried or full-time regional medical members were. The Appellants contended that the work of the typical fee-paid medical member was the same as or broadly similar … Continue reading Moultrie and Others v The Ministry of Justice: EAT 16 Jan 2015
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 . .
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Jurisdictional Points – Worker, Employee or Neither
The employment tribunal had properly found that the claimant was a ‘worker’ but not an ’employee’ within section 230 of the Employment Rights Act 1996. There was no error of law or wrong . .
EAT NATIONAL MINIMUM WAGE
PART TIME WORKERS
Appellant a casual driver for the Respondent – Brings claims for (a) discrimination contrary to Part-Time Workers (Prevention of Less Favourable Treatment) . .
EAT TIME OFF: Trade union activities
PART TIME WORKERS
Appeal in respect of the alleged failure to permit the Appellant to take time off in accordance with Regulation 4(2) of the Safety . .
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. . .
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 . .
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The claim was brought under the 2000 Regulations, the claimant asserting that she had been subjected to a detriment by not being appointed to a Head of Home Economics Department post. Held: She had not been less favourably treated for having been a part time worker. The evidence recovered by the internal trawl did not … Continue reading Knox Board of Governors Drumcree College and Another (Part-Time Workers ): NIIT 18 Feb 2004
EAT PART TIME WORKERS The calculation of the amount of pension to which a retired part-time judge is entitled under the Part-time Workers Directive and the consequential domestic regulations should, as a matter of law, take into account only his period of service since the Directive had to be brought into force, 7th April 2000, … Continue reading The Ministry of Justice v O’Brien: EAT 4 Mar 2014
The Claimant brought a claim under Regulation 5 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations, 2000 (‘the Regulations’). His claim was that he, as a part-time worker, he did not receive a paid break of 15 minutes . .
