Part-time circuit judges have lost their discrimination claim on pensions, in the Employment Appeal Tribunal
Circuit judges appointed before 31 March 1995—the relevant date—were allowed to remain on the old, more favourable Judicial Pensions Act 1981 (JPA) scheme.
The claimants, however, were appointed as fee-paid part-time recorders before the relevant date but appointed as circuit judges after that date. Therefore, they missed out on the opportunity to continue with their old pension terms and instead were compulsorily enrolled in the new, less favourable Judicial Pensions and Retirement Act 1993 (JUPRA) scheme.
They argued they were treated less favourably than their full-time comparators.
However, Mr Justice Kerr dismissed their appeal this week, holding their treatment was not caused by their part-time working, in Clayson & others v Ministry of Justice & another [2024] EAT 99.
Kerr J said: ‘The claimants were part of a group of circuit judges whose misfortune was that their pensions were less favourable than those of their predecessors.’
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