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O'Brien case

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    #11
    Summary here.

    https://www.supremecourt.uk/cases/uksc-2015-0248.html

    First paragraph of this page should tell you all you need to know.
    https://www.employmentcasesupdate.co...aspx?i=ed27730
    'CUK forum personality of 2011 - Winner - Yes really!!!!

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      #12
      Interesting, thanks. So it looks like the case was more relevant to the fact he was part time rather than paid a day rate. So perhaps not too relevant for IR35. Nevertheless still casts shadows over lack of definition for emp vs self-emp.
      I think he appealed that one successfully

      Comment


        #13
        Originally posted by seeourbee View Post
        I don't know the details but a Judge (obrien) took the MoJ to court to claim a massive pension entitlement despite the fact he was on a day rate. Something along the lines, I can't find a decent summary yet
        He's a ƒ*¢кιηg Judge! Whatever the outcome for him, do you really think the great unwashed IT contractor fraternity would get the same treatment?

        Here: https://www.employmentcasesupdate.co...aspx?i=ed21792

        Note:
        "Following a ruling that part-time fee-paid judges are entitled to a pension, the ET determined the amount of the pension that should be payable. The respondent appealed the way in which the pension was calculated. Appeal allowed on the main issue."

        Until there's a ruling that "part-time fee-paid IT contractors are entitled to a pension", I think you and everyone else is SOOL.

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