“…e 11 context an employment relationship need not be contractual and the Respondents have not challenged that. I would add that in O'Brien v Ministry of Justice [2013] UKSC 6, [2013] ICR 499, which concerned the rights of judges under the EU Part-Time Workers Directive…”
“…t authoritative recent consideration of the position is in the judgment of the Supreme Court, given by Lord Hope and Lady Hale in O'Brien v Ministry of Justice [2013] UKSC 6, [2013] ICR 499. The claim arose out of the denial of pension rights to Recorders (and other part-time judges), which was said to be contrary to the PartTime W…”
“…e justification based on cost. It is well established that budgetary considerations alone cannot justify discrimination: see e.g. Ministry of Justice v O’Brien [2013] UKSC 6; [2013] 1 WLR 522, at para. 69 (Lord Hope DPSC and Lady Hale JSC). If cost alone could justify discrimination, then any discrimination could be justified by re…”