Wednesday 10 April 2013

Fee-Paid Judges - Pensions

In February 2013, the Supreme Court held that fee-paid judges are entitled to a judicial pension - see here.

The Lord Chancellor has now announced a moratorium on such cases.  This means that potential Claimants who are approaching limitation deadlines will not need to lodge a 'protective' claim in the employment tribunal.

It is not immediately clear what power the Lord Chancellor has to waive tribunal limitation periods, as limitation is an issue which goes to jurisdiction.  It is likely, though, that any tribunal would hold it was 'just and equitable' to extend time in such a claim if the Claimant had not issued proceedings in reliance on the Lord Chancellor's announcement.

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