O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) (No 1)

Core Citations

CONSIDERS

• Income Tax (Earnings and Pensions) Act 2003 - Articles : S-5
• Judicial Pensions Act 1981
• Courts Act 1971 - Articles : S-21

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• Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000
• Judicial Pensions and Retirement Act 1993
• Courts Act 1971
• Sex Discrimination Act 1975 - Articles : S-82
• Human Rights Act 1998
• Employment Relations Act 1999 - Articles : S-19
• Courts Act 1971

REFERS TO

• Christie v Department for Constitutional Affairs and Another

CITES

• Percy v Church of Scotland Board of National Mission
• Perceval-Price and Others v Department of Economic Development and Others
• Allonby v Accrington and Rossendale College

CONSIDERS

• O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) (No 1)

REPORTED OPINION OF in

• [2010] IRLR 883
• [2010] NR Uned 108
• [11/11/2010] TLR 1

REFERRED in

• Halawi v WDFG UK Ltd T/A World Duty Free
• Ministry of Justice (formerly Department for Constitutional Affairs) v O'Brien (Council of Immigration Judges intervening)

CITED in

• Hashwani v Jivraj
• Margaret Dickson For Judicial Review Of A Purported Decision Of Joe Morrow, President Of The Mental Health Tribunal For Scotland Dated 4 December 2013
• Revenue and Customs Commissioners v Aimia Coalition Loyalty UK Ltd (formerly Loyalty Management UK Ltd)

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• Hashwani v Jivraj

REVERSED in

• Ministry of Justice (formerly Department for Constitutional Affairs) v O'Brien (Council of Immigration Judges intervening)

APPLIED in

• Hashwani v Jivraj

This document cites

• Convenio Europeo para la Protección de los Derechos Humanos y de las Libertades Fundamentales
• Allonby v Accrington and Rossendale College
• O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) (No 1)
• Perceval-Price and Others v Department of Economic Development and Others
• Christie v Department for Constitutional Affairs and Another



See all quotations

• Judicial Pensions and Retirement Act 1993
• Employment Relations Act 1999
• Sex Discrimination Act 1975
• Courts Act 1971
• Tribunals, Courts and Enforcement Act 2007
• Judicial Pensions Act 1981
• Income Tax (Earnings and Pensions) Act 2003
• Percy v Church of Scotland Board of National Mission
• Landeshauptstadt Kiel v Norbert Jaeger.
• Council Directive of 9 February 1976 on the implementation of the principle of equal treatment for men and women as regards access to employment, vocational training and promotion, and working conditions (76/207/EEC)
• Council Directive 93/104/EC of 23 November 1993 concerning certain aspects of the organization of working time
• Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC - Annex : Framework agreement on part-time work
• Council Directive 98/23/EC of 7 April 1998 on the extension of Directive 97/81/EC on the framework agreement on part-time work concluded by UNICE, CEEP and the ETUC to the United Kingdom of Great Britain and Northern Ireland
• Human Rights Act 1998
• Steamships Trading Company Limited v Chief Collector of Taxes [1986]