Pensions dispute between part-time judges and Ministry of Justice goes to Court of Justice of the European Union in Luxembourg

7 September 2011

The Court of Justice of the European Union in Luxembourg (CJEU) will hear this Thursday (8^th September) a case against the Ministry of Justice concerning its refusal to grant pensions to thousands of part-time judges. About 8,000 part-time judges will be affected by the outcome of the case, O'Brien v. Ministry of Justice which was referred by the UK’s Supreme Court in July 2010.

Leading European employment barristers, Robin Allen QC and Rachel Crasnow of Cloisters (www.cloisters.com), instructed by Edward Benson of solicitors Browne Jacobson (www.brownejacobson.com), represent retired Recorder (part-time judge) Dermod O'Brien QC in his claim that he was entitled to a judicial pension on retirement pro rata to the pension of full-time circuit judges. He alleges he has been discriminated against and that this is unlawful under European law as set out in the Part-time Workers Directive.

The European Court will have to decide whether it is open to national law to determine which employees are considered as workers for the purposes of the Directive or if this must be determined at European Union level.

For further details about this case please click here.