| Commentary

C. Excluded classes

| Commentary

C.     Excluded classes

According to the express provision of the legislation, holders of judicial offices are excluded from the provisions of the Part-Time Regulations if the holder of the relevant judicial office is remunerated on a daily fee-paid basis (SI 2000/1551 reg 17). It was originally held in the domestic courts that this regulation and its exclusion were not to be impugned under EC law: Christie v DCS [2007] ICR 1553, (2007) Times, 4 September, EAT. When, however, the matter was raised again in relation to part-time fee-paid recorders and other judges (claiming discrimination by being excluded from judicial pensions) this changed dramatically. The Supreme Court referred the matter to the ECJ (O'Brien v

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