Christie v Department for Constitutional Affairs and Another
| Jurisdiction | UK Non-devolved |
| Court | Employment Appeal Tribunal |
| Judgment Date | 23 July 2007 |
| Neutral Citation | [2007] UKEAT 0140_07_2307 |
| Date | 23 July 2007 |
Employment Appeal Tribunal
Before Mr Justice Elias, President.
Christie
and
Department for Constitutional Affairs and Another
No pension entitlement for fee-paid part-time chairmen
Part-time fee-paid tribunal chairmen were not workers and were not entitled to a pension.
Mr Justice Elias, President of the Employment Appeal Tribunal, so held sitting alone when dismissing an appeal by the claimant, Mr Ronald Christie, from a decision of a Cardiff employment tribunal in February, that as a matter of domestic law he was excluded from pension rights by the Part Time Workers (Prevention of Less Favourable Treatment) Regulations (SI 2000 No 1551) and that European law did not require them to be construed differently.
Mr Ramby de Mello and Mr Adrian Berry, instructed by direct access, for Mr Christie; Mr John Cavanagh, QC, for the Department for Constitutional Affairs.
MR JUSTICE ELIAS...
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5 cases
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Ministry of Justice (formerly Department for Constitutional Affairs) v O'Brien (Council of Immigration Judges intervening)
...as did the Court of Appeal ( [2008] EWCA Civ 1448, para 46) following Elias J in Christie v Department of Constitutional Affairs [2007] ICR 1553, para 40. The Court of Justice reached the same conclusion as the Advocate General, but its judgment on the first question (paras 35–40) appears t......
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Claire Gilham v Ministry of Justice
...might otherwise be the meaning of the term in the Regulations. But the Court followed the decision of the EAT in Christie v Department of Constitutional Affairs [2007] ICR 1553 that a domestic definition of worker which excluded part-time judges would not contravene EU 51 The claimant appea......
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Hashwani v Jivraj
...301. 3I assume for present purposes that Sir Anthony is not offering his services on such a generous basis. 4cf. Christie v Dept. for Constitutional Affairs [2007] I.C.R. 1553 5 Stadt Halle v. Arbeitgemeinschaft Thermische Restabfall [2006] 1 CMLR 39, also Marleasing, 6Art 1 of the First Pr......
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O’Brien v Ministry of Justice (formerly Department of Constitutional Affairs) (No 1)
...relies heavily on this passage, as did the Court of Appeal ( [2008] EWCA Civ 1448, para 46) following Elias J in Christie v Department of Constitutional Affairs [2007] ICR 1553, para 40. The Court of Justice reached the same conclusion as the Advocate General, but its judgment on the firs......
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