The claimant, Dermod O’Brien, a retired part-time fee-paid recorder, appealed, with permission granted by the Supreme Court (Baroness Hale of Richmond DPSC, Lord Reed and Lord Carnwath JJSC) on 13 July 2016, from the decision of the Court of Appeal (Lord Dyson MR, Lewison and Underhill LJJ) [2015] EWCA Civ 1000; [2016] ICR 182 on 6 October 2015 to affirm the decision of the Employment Appeal Tribunal [2014] ICR 773 which on 4 March 2014 had allowed an appeal by the Ministry of Justice against the decision of an employment tribunal (Employment Judge Macmillan) sitting at London Central on 19 August 2013 that the claimant’s pro rata pension should be calculated on the basis of a period of reckonable service from his appointment as a recorder on 1 March 1978 until his retirement from office on 31 March 2005.
Following the hearing of the appeal, the Supreme Court on 12 July 2017 decided to refer the following question to the Court of Justice of the European Union:
“Does Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work (1998 OJ L14, p 9), and in particular clause 4 of the Framework Agreement annexed thereto concerning the principle of non-discrimination, require that periods of service prior to the deadline for transposing the Directive should be taken into account when calculating the amount of the retirement pension of a part-time worker, if they would be taken into account when calculating the pension of a comparable full-time worker?”
Robin Allen QC, Rachel Crasnow QC and Tamar Burton (instructed by Browne Jacobson LLP) for the claimant.
John Cavanagh QC, Charles Bourne QC and Rachel Kamm (instructed by Treasury Solicitor for the Ministry of Justice