The Ministry of Justice (MOJ) has recently written to the Employment Tribunal in relation to the following matters in the O’Brien/Miller & Others litigation. These letters provide:
- MOJ’s decision to bring the pay claims moratorium to an end
- An update in relation to the extension of interim payments in lieu of pension
- A clarification in relation to MoJ’s previous statements that there were no salaried judges who hold more than one salaried office concurrently
Copies of all 3 letters are available.
The first letter confirms to all affected fee paid judicial office holders that the moratorium on pay claims provided by MOJ in relation to the O’Brien/Miller & Others litigation will come to an end (subject to certain exceptions) on 31 May 2016.
In the moratorium MOJ stated that it would not rely on the passage of time from 3 June 2013 until further notice.
The letter to the Employment Tribunal sets out in detail how this notice will affect fee paid judges. All judges with an existing or potential claim (either with the Tribunal or JPCT) are invited to read the letter and enclosures.
The key points are:
the pay claims moratorium will be brought to an end on 31 May 2016
MOJ will take time points in relation to new claims or amendments to existing Employment Tribunal claims from 31 May 2016 (save for the exceptions set out in the letter to the Tribunal)
if you have contacted the JPCT about a claim, or have lodged a Tribunal claim, before 31 May 2016 the moratorium continues to apply
if you have a potential claim and you have yet to contact the JPCT, you are advised to do so, no later than 31 May 2016
MOJ’s pay claims moratorium does not apply to office holders engaged by devolved administrations
The pension moratorium will remain in force.