O'Brien v Ministry of Justice

O'Brien v Ministry of Justice

Pension rights are definitively acquired during the period of service; EU law changes do not retroactively alter accrued rights. For Mr O’Brien, only service after the Directive counts for pension calculation. For Mr Walker, survivor benefits for same-sex spouses cannot be claimed for service completed before the relevant legislation, as entitlement is fixed at the time of service and cannot be enlarged retroactively.

Parties
Appellant: Dermod O’Brien; Respondent: Ministry of Justice; Appellant: Mr John P D Walker; Respondents: Innospec & Ors; Interested Party: Secretary of State for Work and Pensions
Jurisdiction
England and Wales
Judgment Date
06 October 2015
Procedural Posture
Appeal / Court of Appeal Judgment
Outcome
Appeals dismissed
Legal Topics
Part Time Workers Directive, Framework Directive, Pension Accrual, Survivor Benefits, Sexual Orientation Discrimination, Retroactivity, Legal Certainty
Employment Law Pensions Law EU Law Equality Law Part Time Workers Directive Framework Directive Pension Accrual Survivor Benefits +3 more

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Parties

Dermod O’Brien

Appellant

Ministry of Justice

Respondent

Mr John P D Walker

Appellant

Innospec & Ors

Respondents

Secretary of State for Work and Pensions

Interested Party

Procedural Posture

Appeal / Court of Appeal Judgment

Legal Issues

  1. 1 Whether pension calculation for part-time judges should include service prior to the Part Time Workers Directive
  2. 2 Whether survivor pension benefits for same-sex spouses can be claimed for service prior to the Civil Partnership Act 2004

Ratio Decidendi

Pension rights are definitively acquired during the period of service; EU law changes do not retroactively alter accrued rights. For Mr O’Brien, only service after the Directive counts for pension calculation. For Mr Walker, survivor benefits for same-sex spouses cannot be claimed for service completed before the relevant legislation, as entitlement is fixed at the time of service and cannot be enlarged retroactively.

Court Disposition

Appeals dismissed

Orders

  • No reference to the Court of Justice
  • Both appeals are dismissed