The CJEU Advocate General advises that Part-time Judges are workers and that discrimination against different types of judges is not allowed.This is not a binding decision for the CJEU which may decide otherwise. | |||
O' Brien v Ministry of Justice [2010] UKSC 34 | |||
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1/12/2011 The case of O'Brien v Ministry of Justice Mr O'Brien a part-time judge paid a daily fee has gained the support of the Advocate General Kokott for his argument at the Supreme Court that excluding part-time judges who are paid a daily fee from the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 is incompatible with the Part-Time Workers Framework Directive (97/81/EC). The Advocate General Kokott is of the opinion that it is for national law to decide if a part time judge may be considered a worker within the meaning of the Framework agreement. As to whether it is permissible for national law to discriminate between full-time and part-time judges or different kinds of part-time judges in the provision of pensions the answer is no. The recommendation of the Advocate General is normally followed by the Court of Justice of the European Union when it comes to the CJEU making its decision. |
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| Transcript of the judgement:- O' Brien v Ministry of Justice [2010] UKSC 34 |
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| 2011 Costs are compensatory not punitive and reflect the "effect" of the conduct in question" - Barnsley Metropolitan Borough Council v Yerrakalva [2011] EWCA Civ 1255 Unheard and contested matters dismissed at a pre-hearing should not be the subject of a costs award - Dean & Dean (a firm) & Ors v Dionissiou -Moussaoui (Rev 1) [2011] EWCA Civ 1332 Ogden Tables may be acceptable to determine pension loss where cogent reasons are given - Chief Constable Of West Midlands Police v Gardner [2011] UKEAT 0174_11_1910 A holiday must be taken within a reasonable time period or the holiday will cease to be considered as providing a rest from work, but rather "a period of relaxation and leisure" - KHS AG v Schulte ECJ Case C-214/10 The emasculation of the employment tribunal system is the next stage on the road to a fundamental undermining of workers' rights and protections in Britain The level of compensatory award for unfair dismissal must be 'grossed up' before the application of the statutory cap. - Hardie Grant London Ltd v Aspden [2011] UKEAT 0242_11_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Female workers suffered indirect sex discrimination in a pension scheme but no loss (and therefore will not receive compensation) - Copple & Ors v Littlewoods Plc & Ors [2011] EWCA Civ 1281 In order to claim holiday pay under Reg 16 (1) of the Working Time Regulations an employee must have already have stated an intention to take it. - Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT 0456_10_0311 Even where lists of issues have been agreed between the parties they should be scrutinised by employment judges. - Price v Surrey County Council & Anor [2011] UKEAT 0450_10_2710 Claimants with Before the Event Insurance may choose their own solicitor - Brown-Quinn & Anor v Equity Syndicate Managment LTD & Anor [2011] EWHC 2661 The High Court issues guidance as to when contractual provisions are valid - Hussain v Surrey and Sussex Healthcare NHS Trust [2011] EWHC 1670 (QB) Disciplinary processes must be conducted fairly and without undue delay - Lim v Royal Wolverhampton Hospitals NHS Trust [2011] EWHC 2178 (QB) An employer's reasonable (but wrong) belief that a worker is working illegally is no defence to an illegal deduction from wages claim - Okuoimose v City Facilities Management (UK) Ltd [2011] UKEAT 0192_11_1309 Whistleblowers are not protected against victimisation by fellow workers - NHS Manchester v Fecitt & Ors [2011] EWCA Civ 1190 An employee sharing profits in the firm is not necessarily a partner - Williamson & Soden Solicitors v Briars EAT [2011] UKEAT/2011/0065_10_2705 Leaving a page out of the reasons for an EAT appeal was venial - Hine & Anor (t/a Hine Marketing Partnership) v Talbot & Ors [2011] UKEAT 1783_10_2706 In Equal Pay claims after a TUPE transfer, red circling will be accepted as constituting a genuine material factor defence - Scotland Co Ltd v Buchanan & Anor (Equal Pay Act : Material factor defence and justification) [2011] UKEAT 0042_10_2505 |
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