O'Brien case

[billybiro]

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.

[seeourbee]

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

[northernladuk]

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

[seeourbee]

https://www.supremecourt.uk/cases/do...3-judgment.pdf

[WTFH]

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 was a part time employee, not a contractor.

[Pondlife]

Are you going to provide any additional context other than a judge's name?

The first couple of pages of googling "Judge O'Brien case" all relate to Ireland or the US.

[seeourbee]

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

[WTFH]

Care to elucidate or provide links?

[seeourbee]

I've only found a small amount of information but was curious how it impacted IR35, especially after December's shenanigans

[WTFH]

Looks like you might need to start a thread yourself.

[seeourbee]

Anyone with a positive response ?

[northernladuk]

Google not working in your neck of the woods then?

[seeourbee]

Had a search and couldn't see any threads on here about the Judge O'Brien case. Can anyone point me in the direction ....