‘On 9 November 2021, the Supreme Court heard the appeal in Harpur Trust v Brazel. The forthcoming decision is expected to provide some much-needed clarity on how employers should approach calculating annual leave entitlement and pay for workers who work irregular hours, including those workers on zero hours contracts.’
UKSC Blog, 1st April 2022
Source: ukscblog.com
‘Four judges with “portfolio” careers in full-time and part-time roles and without formal contracts of employment have been backed by the Supreme Court in their campaign for equal pensions treatment. Giving judgment today in Miller and others v Ministry of Justice, Lord Carnwath ruled that ‘the common sense of the matter’ as well as case law holds that part-timers should not suffer less favourable treatment.’
Law Society's Gazette, 16th December 2019
Source: www.lawgazette.co.uk
‘A Court of Appeal ruling that a music teacher’s holiday pay was wrongly calculated has been hailed as a victory for part-time workers.’
BBC News, 6th August 2019
Source: www.bbc.co.uk
‘Junior judges are being put on what are in effect zero-hours contracts as the criminal justice system succumbs to a fresh round of austerity and courtrooms are closed down, lawyers are warning.’
The Guardian, 30th June 2019
Source: www.theguardian.com
‘The London Borough of Barking and Dagenham acted unlawfully when it dismissed three housing officers, an Employment Tribunal has ruled. The ruling of the East London Employment Tribunal was handed down last month (27 December), following a hearing in October and November 2018. The council dismissed the three employees in the summer of 2017, suggesting that their roles were redundant. However, the Employment Judge ruled that in reality their roles were not redundant and that all three employees were unfairly dismissed.’
Local Government Lawyer, 11th January 2018
Source: www.localgovernmentlawyer.co.uk
‘The case concerns discrimination against part-time judges in the calculation of pensions. The issue is whether periods of service as a part-time judge prior the coming into effect of Part Time Workers Directive (97/81/EC) should be taken into account in calculating the amount of pension to be paid upon retirement.’
Cloisters, 7th November 2018
Source: www.cloisters.com
‘The principle pro rata temporis applied to the calculation of the amount of a dependent child allowance paid by an employer to a part-time worker pursuant to a collective agreement pursuant to clause 4.2 of the Framework Agreement on part-time work.’
WLR Daily, 5th November 2014
Source: www.iclr.co.uk
‘A quota system should be introduced to address the under-representation of women and ethnic minority judges, a major independent report commissioned by the Labour Party has recommended.’
Full story
Litigation Futures, 6th November 2014
Source: www.litigationfutures.com
‘Two different bodies in the last week have reflected on issues concerning the fundamental imbalance in the employment relationship.’
UK Human Rights Blog, 22nd April 2014
Source: www.ukhumanrightsblog.com
“The first part-time High Court judge could start sitting next year after the Judicial Appointments Commission (JAC) launched a competition that allows candidates to work under flexible arrangements.”
Litigation Futures, 15th October 2013
Source: www.litigationfutures.com
“A legal challenge is being brought against retail giant Sports Direct over the use of zero hours contracts among its staff.”
The Independent, 7th August 2013
Source: www.independent.co.uk
“Only 9.4% of equity partners in law firms are women, despite equal numbers of men and women entering the profession.”
The Guardian, 18th June 2013
Source: www.guardian.co.uk
“Where a part-time locum doctor, as a step towards achieving a consultant’s post, took a one-year full time training post at a lower rate of pay but under the relevant NHS terms and conditions was entitled to pay protection, that entitlement was not limited to preserving her previous annual earnings but required her employer to pay all her new full-time hours at an hourly-rate equivalent to her previous part-time work.”
WLR Daily, 24th April 2013
Source: www.iclr.co.uk
Barts and the London NHS Trust (Respondent) v Verma (Appellant) [2013] UKSC 20 | UKSC 2011/0246 (YouTube)
Supreme Court, 24th April 2013
“Thousands of part-time judges will be entitled to a public-sector pension for the first time at a cost of up to £2 billion following a ruling by fellow judges in the highest court in the land.”
Daily Telegraph, 17th February 2013
Source: www.telegraph.co.uk
“A part-time fee-paid judge was a worker under European Union law and had a right not to be treated in a less favourable manner than comparable full-time workers. The denial of retirement pensions to part-judges when full-time judges were granted pensions was less favourable treatment for which there was no objective justification. Accordingly, on the basic principle of remunerating part-time workers pro rata temporis, a recorder was entitled to a pension on terms equivalent to those applicable to a circuit judge.”
WLR Daily, 6th February 2013
Source: www.iclr.co.uk
Supreme Court, 6th February 2013
“The Ministry of Justice (MoJ) must devise a successful objective justification defence if it is to defeat a discrimination claim being pursued against it by a part-time judge, the Supreme Court has said.”
The Lawyer, 13th July 2012
Source: www.thelawyer.com
“Morayo Fagborun Bennett says the European Court of Justice’s (ECJ) decision in O’Brien v Ministry of Justice ‘sweeps away’ many of the Ministry of Justice’s (MoJ) justifications for distinguishing between part-time and full-time judges. ‘The MoJ is going to have to think hard how it handles the case when it comes back to the Supreme Court,’ she says. ‘It doesn’t lend itself to any easy settlement and there are thousands eagerly awaiting the outcome.'”
Hardwick Chambers, 14th March 2012
Source: www.hardwicke.co.uk
O’Brien v Ministry of Justice (Case C-393/10); [2012] WLR (D) 58
“It was for the member states to define the concept of ‘workers who have an employment contract or an employment relationship’ within the meaning of clause 2.1 of the Framework Agreement on part-time work, provided that this did not lead to arbitrary exclusion from protection offered by Directive 97/81/EC.”
WLR Daily, 1st March 2012
Source: www.iclr.co.uk
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