O'Brien v Ministry of Justice - recorders are 'workers' for Part Time Workers Regs purposes

Budgetary considerations are not permissible reasons for objective justification

This Supreme Court decision concerns the issue of objective justification. Mr O'Brien was a part time recorder who claimed under the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 that he should have received a pension in respect of his part time non salaried judicial work calculated on the same basis as that paid to former full time judges who had carried out the same or similar work.

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