Ministry of Justice v O’Brien (No 2) - Viewing document

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The Industrial Cases Reports

[2017] ICR 1101

Supreme Court

Ministry of Justice v O’Brien (No 2)

Note

[2017] UKSC 46

2016 July 7;
2017 March 8, 9;
July 12

Baroness Hale of Richmond DPSC, Lord Kerr of Tonaghmore, Lord Reed, Lord Carnwath, Lord Hughes JJSC

Discrimination— Part-time worker— Pension— Fee-paid recorder entitled to pro rata pension of full-time circuit judge— Whether period of service prior to prohibition of discrimination in European Union and domestic law to count in calculating pension— Whether Directive having retroactive effect— Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551), reg 1(2)(3) — Council Directive 97/81/EC, Annex, cl 4

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