Employment Cases Update

Engel v Ministry of Justice UKEAT/0303/18/LA

Date published: 15/08/2019

Appeal against the ET’s finding that the Claimant’s appointments as Deputy Circuit Judge and Assistant Recorder came to an end in 1982 and 1984 respectively. Appeal dismissed.

The Claimant brought claims alleging less favourable treatment contrary to reg 5 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 in respect of not being provided with a pension in respect of his part-time, fee-paid posts of Deputy Circuit Judge and Assistant Recorder. He asserted that his appointments as Deputy Circuit Judge and Assistant Recorder continued until his 70th (or possibly 75th) birthday, despite the fact that he was not asked to sit in these capacities after 1984. The ET concluded that the Claimant's appointment as a Deputy Circuit Judge had not subsisted after 1982, when it was converted into an appointment as an Assistant Recorder; and that his appointment as Assistant Recorder was not for an unlimited term, and was terminated in 1984 when he left the independent Bar. The Claimant appealed.

The EAT held that the ET did not err in holding (1) that the Claimant's appointment as a Deputy Circuit Judge was converted to that of Assistant Recorder in 1982 and that his appointment as a Deputy Circuit Judge terminated on that date, and (2) that the Claimant was no longer eligible to sit as an Assistant Recorder after 1984.

Read the full text of the judgment on GOV.UK or download the file by clicking the link below.