16 October 2015
O’Brien v Ministry of Justice; Walker v Innospec and others [2015] EWCA Civ 1000, [2015] All ER (D) 46 (Oct)
The Court of Appeal dismissed two appeals against decisions of the Employment Appeal Tribunal, holding, in respect of the first appeal, among other things, that, at the time of the first appellant’s service as a part-time recorder before the date for the transposition of Council Directive (EC) 97/81 into domestic law, he had acquired no pension rights and could not do so retroactively. As to the second appeal, it held, among other things, that para 18 of Sch 9 to the Equality Act 2010 was not incompatible with Council Directive (EC) 2000/78.
