header-logo header-logo

15 January 2009
Issue: 7352 / Categories: Features , Terms&conditions , Employment
printer mail-detail

Law reports: Worker-Definition of worker- Judicial office holders

O’Brien v Department for Constitutional Affairs, [2008] EWCA Civ 1448, [2008] All ER (D) 224 (Dec)

Recorders are part-time judges in the Crown or County Courts. Most are in full-time practice as barristers or solicitors. Some have left practice and hold full-time positions as, for example, district judges. The claimant had been a part-time recorder until March 2005. He and a number of other part-time judicial office holders brought proceedings before the employment trial, claiming protection against discrimination pursuant to the Regulations, which were intended to implement the Part-time Workers Framework Directive 97/81/EC. Regulation 17 provided that they did not apply to any individual in his capacity “as a holder of judicial office if he is remunerated on a daily fee-paid basis”. The claimant submitted that reg 17 had to be disapplied because the direct effect of the Directive did not permit a provision of that kind.

The tribunal considered that the claim had been brought out of time, but that it would be just and equitable to extend time. The

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson—Caroline Barker & Tom Walker

Browne Jacobson recruits regulatory experts Caroline Barker and Tom Walker to bolster health, government and corporates practices

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Jackson Lees Group—Paul Harrison, Helen Innes & Sorcha McMullan

Partner and paralegals bolster clinical negligence team at Jackson Lees Group

Stone King—Manchester

Stone King—Manchester

Stone King triples Manchester footprint with office move as law firm’s rapid growth journey continues

NEWS
Lawyers have welcomed the Lord Chancellor’s reverse-ferret on jury reforms, but expressed ‘serious concerns’ about the decision to exclude fraud trials
From ‘rats in the robing room’ to ‘overworked’ judges and a shortage of court staff, barristers have aired their concerns about the state of the justice system
The use of agentic artificial intelligence (AI) poses ‘significant risks’ across the justice system, public services and government, and current regulation is ‘poorly suited’ to control it, experts have warned
The solicitors’ regulator has paused controversial plans to exclude owner-managers from compliance officer roles
The government has launched a £16m legal support grant to support 48 frontline legal advice organisations supporting people facing eviction, problem debt, benefit disputes and family breakdown
back-to-top-scroll