- Part-time workers and pension rights—Supreme Court refers question to ECJ (O’Brien v Ministry of Justice)
- Original news
- What was the background to the case?
- What arguments were made by the parties?
- What did the Supreme Court decide and why?
- What are the implications of the judgment?
- Case details
Pensions analysis: In the case of O’ Brien v Ministry of Justice, the Supreme Court unanimously decided to refer to the European Court of Justice (ECJ) the question as to whether Directive 97/81 concerning the Framework Agreement on part-time work, and in particular clause 4 of the Framework Agreement annexed to it concerning the principle of non-discrimination, require that periods of service prior to the deadline for transposing the Directive should be taken into account when calculating the amount of the retirement pension of a part-time worker.
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