O'Brien v Department for Constitutional Affairs

O'Brien v Department for Constitutional Affairs

Part-time judicial office holders remunerated on a daily fee-paid basis are not protected by the PTWR, and Regulation 17 is a valid exercise of the UK's discretion under Directive 97/81/EC. The Employment Tribunal did not err in law in extending time for the appellant's claim, but the substantive claim is bound to fail as the appellant is not within the protected class.

Parties
Appellant: O’Brien; Respondent: Department for Constitutional Affairs
Jurisdiction
England and Wales
Judgment Date
19 December 2008
Procedural Posture
Appeal From Employment Appeal Tribunal / Judgment on Appeal
Outcome
Appeal allowed in part; substantive claim dismissed
Legal Topics
Part Time Workers, Judicial Pensions, Discrimination, Implementation of EU Directives
Employment Law European Union Law Judicial Review Part Time Workers Judicial Pensions Discrimination Implementation of EU Directives

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 16 Party arguments 2
Sign in to unlock

Parties

O’Brien

Appellant

Department for Constitutional Affairs

Respondent

Procedural Posture

Appeal From Employment Appeal Tribunal / Judgment on Appeal

Legal Issues

  1. 1 Whether Regulation 17 of the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 is compatible with Directive 97/81/EC and whether it should be disapplied for part-time judicial office holders
  2. 2 Whether the Employment Tribunal erred in law in extending time for the appellant's claim

Ratio Decidendi

Part-time judicial office holders remunerated on a daily fee-paid basis are not protected by the PTWR, and Regulation 17 is a valid exercise of the UK's discretion under Directive 97/81/EC. The Employment Tribunal did not err in law in extending time for the appellant's claim, but the substantive claim is bound to fail as the appellant is not within the protected class.

Court Disposition

Appeal allowed in part; substantive claim dismissed

Orders

  • Time limit appeal allowed
  • Declaration that the appellant is not protected by the PTWR