O’Brien v Chief Constable of South Wales Police

E655793

UK Supreme Court case employment law case labour law case part-time workers’ rights case

O’Brien v Chief Constable of South Wales Police is a leading UK Supreme Court case on employment status and part-time worker rights, particularly concerning whether part-time judicial office holders qualify as “workers” entitled to equal treatment.

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Statements (46)

Predicate	Object
instanceOf	UK Supreme Court case ⓘ employment law case ⓘ labour law case ⓘ part-time workers’ rights case ⓘ
appliesLaw	Council Directive 97/81/EC NERFINISHED ⓘ EU equal treatment principles ⓘ Framework Agreement on part‑time work NERFINISHED ⓘ Part‑time Workers (Prevention of Less Favourable Treatment) Regulations 2000 NERFINISHED ⓘ
areaOfLaw	EU law NERFINISHED ⓘ discrimination law ⓘ employment law ⓘ labour law ⓘ
citationStatus	landmark case ⓘ leading authority ⓘ
concerns	Part‑time Workers (Prevention of Less Favourable Treatment) Regulations 2000 NERFINISHED ⓘ employment status ⓘ equal treatment ⓘ judicial office holders ⓘ part-time workers ⓘ pension rights ⓘ pro‑rata principle ⓘ
country	England and Wales NERFINISHED ⓘ
court	Supreme Court of the United Kingdom NERFINISHED ⓘ
holding	exclusion of part‑time judges from pension schemes requires objective justification ⓘ part‑time judges are entitled not to be treated less favourably than comparable full‑time judges unless objectively justified ⓘ part‑time judicial office holders can fall within the concept of worker for the purposes of EU part‑time work protections ⓘ
impact	clarified that judicial office holders can be covered by part‑time worker protections ⓘ influenced subsequent claims by part‑time judges for pension rights ⓘ strengthened protection against less favourable treatment of part‑time workers in the UK ⓘ
involves	assessment of objective justification for differential treatment ⓘ comparison between part‑time and full‑time judges ⓘ interpretation of EU law by a UK court ⓘ
jurisdiction	United Kingdom ⓘ
languageOfProceedings	English ⓘ
leadingCaseOn	application of part‑time worker protections to office holders ⓘ definition of worker for part‑time work protections ⓘ entitlement of part‑time judges to pensions ⓘ status of part‑time judicial office holders ⓘ
legalSystem	English law ⓘ
party	Chief Constable of South Wales Police NERFINISHED ⓘ John O’Brien NERFINISHED ⓘ
relatedTo	Part‑time Workers Directive NERFINISHED ⓘ judicial pensions ⓘ status of office holders in employment law ⓘ
subjectMatter	whether a part‑time recorder qualifies as a worker ⓘ whether denial of pension to a part‑time judge is unlawful less favourable treatment ⓘ

Referenced by (1)

Full triples — surface form annotated when it differs from this entity's canonical label.

Lord Hoffmann → notableWork → O’Brien v Chief Constable of South Wales Police ⓘ