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Whether Part-time Work Directive covers UK judicial pensions: ECJ judgment (News, 9 March 2012)

Whether Part-time Work Directive covers UK judicial pensions: ECJ judgment (News, 9 March 2012)
Published on: 09 March 2012
Published by: LexisPSL
  • Whether Part-time Work Directive covers UK judicial pensions: ECJ judgment (News, 9 March 2012)
  • Determining whether judges are workers
  • Discrimination between different types of judge re pension

Article summary

With regard to the rights of part-time judges under the Part-time Work Framework Directive, (1) it is for the United Kingdom national law to determine whether judges are covered by the rights afforded by the Directive, ie whether they fall within the concept of 'workers who have an employment contract or an employment relationship', but (a) this is subject to the condition that that does not lead to the arbitrary exclusion of that category of persons from the Directive's protection, and (b) an exclusion by national law from that protection may be allowed only if the relationship between judges and the Ministry of Justice is, by its nature, substantially different from that between employers and their employees falling, according to national law, under the category of workers, and (2) the Directive precludes national law from establishing a distinction between full-time judges and part-time judges remunerated on a daily fee-paid basis, for the purpose of access to the retirement pension scheme, unless such a difference in treatment is justified by objective reasons, according to the ECJ in O’Brien v Ministry of Justice. or take a trial to read the full analysis.

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