Ministry of Justice v O’Brien (No 2)

Subject Matter

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 to count in calculating pension — Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, reg 1(2)(3) — Council Directive 97/81/EC, Annex, cl 4

UKEAT/466/13; [2014] ICR 773, EAT

DISCRIMINATION — Sexual orientation — Pension — Claimant in receipt of occupational pension with survivor’s benefit for spouses — Relevant service complete before prohibition of discrimination on ground of sexual orientation in EU and domestic law — Claimant registering civil partnership and subsequently marrying civil partner — Whether denial of survivor’s benefit under provision permitting such discrimination prior to introduction of civil partnerships compatible with EU law — Whether Directive having retroactive effect — Equality Act 2010, s 61, Sch 9, para 18(1) (as amended by Marriage (Same Sex Couples) Act 2013, Sch 4, para 17(1)) — Council Directive 2000/78/EC, art 1

[2015] EWCA Civ 1000; [2016] ICR 182; [2017] 1 All ER 1078; [2015] WLR (D) 406, CA

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

[2017] UKSC 46; [2017] ICR 1101; [2017] 4 All ER 997; [2017] WLR (D) 478; Case details, SC(E)

(Case C-432/17); EU:C:2018:879; [2019] ICR 505; [2018] WLR (D) 685, ECJ

Appellate History