NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227
“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”
WLR Daily, 25th July 2012
Source: www.iclr.co.uk
“Article 7(1) of Parliament and Council Directive 2003/88/EC concerning certain aspects of the organisation of working time precluded national provisions under which a worker who became unfit for work during a period of paid annual leave was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.”
WLR Daily, 21st June 2012
Source: www.iclr.co.uk
“Working time is a notoriously complex area, where the interplay between opaque judgments from the CJEU and the complexities of the Working Time Regulations 1998 is capable of causing uncertainty and confusion. Over the last 12 months, the most important working time cases have been on holidays. Some of those cases are likely to have significant financial impact for employers across the piece. This paper 1 attempts to navigate through them in a summary way, dealing with the three areas that are likely to be most important for employers and employees:
(i) What should ‘pay’ be for annual leave?
(ii) When can an employer insist that leave is taken?
(iii) What is the interplay between sickness absence and holiday pay/entitlement?”
Full story (PDF)
11 KBW, 1st June 2012
Source: www.11kbw.com
Neidel v Stadt Frankfurt am Main (Case C-337/10); [2012] WLR (D) 137
“The provisions of article 7 of Directive 2003/88/EC, concerning an employee’s entitlement to annual leave and an allowance in lieu where the employment relationship was terminated, applied to a public servant carrying out the activities of a fireman in normal circumstances.”
WLR Daily, 3rd May 2012
Source: www.iclr.co.uk
“Employees working on oil and gas installations in the North Sea whose contract of employment provided for a repeating shift pattern of two weeks’ work on the rig, followed by two weeks onshore on non-working ‘field break’, were not entitled to take their statutory holiday entitlement during time when they had been scheduled to work offshore.”
WLR Daily, 7th December 2011
Source: www.iclr.co.uk
“Britain looks set to be able to relax the EU’s controversial working time directive after David Cameron agreed a framework for negotiations with the German chancellor, Angela Merkel, in response to the eurozone crisis.”
The Guardian, 20th November 2011
Source: www.guardian.co.uk
Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282
“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”
WLR Daily, 15th September 2011
Source: www.iclr.co.uk
Autoclenz Ltd v Belcher and others [2011] UKSC 41; [2011] WLR (D) 255
“In the employment context, the courts should focus on the reality of the relationship between the parties, which might not be accurately reflected by the written documentation. In deciding whether the terms of any written agreement in truth represented what was agreed, the relative bargaining power of the parties had to be taken into account.”
WLR Daily, 27th July 2011
Source; www.iclr.co.uk
“An Arab Princess has been ordered to pay £175,000 in compensation to a servant paid less than £2.50 an hour who was forced to dig into his own pocket to cover the food bills from Harrods because Tesco was not considered good enough.”
Daily Telegraph, 9th June 2011
Source: www.telegraph.co.uk
“Ministers are to review European rules that restrict the number of hours doctors can work.”
BBC News, 2nd August 2010
Source: www.bbc.co.uk
“Lawyers are among the most likely workers to do ‘extreme’ unpaid overtime, figures have revealed.”
Law Society’s Gazette, 26th February 2010
Source: www.lawgazette.co.uk
“Courts face having to sit for an extra two hours a day as they struggle with rising workloads coupled with an unprecedented drive to cut costs.”
The Times, 10th July 2009
Source: www.timesonline.co.uk
“Employees were entitled to complain of the non-payment of statutory holiday pay as an unlawful deduction from wages pursuant to ss 13 and 23 of the Employment Rights Act 1996 as well as under regs 13 and 16 or 14 of the Working Time Regulations 1998.”
WLR Daily, 10th June 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
British Airways plc v Williams and Others
Court of Appeal
“An airline which based its paid annual leave rate for pilots on their basic salary rather than on what they might be expected actually to earn, including supplements, was not in breach of the statutory holiday pay requirements.”
The Times, 28th April 2009
Source: www.timesonline.co.uk
British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126
“An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of the applicable statutory requirements as to payment of such paid annual leave.”
WLR Daily, 6th April 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
Court of Justice of the European Communities
“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”
The Times, 28th January 2009
Source: www.timesonline.co.uk
Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.
“Employees who by reason of illness were not able to take paid annual leave in the year in which it was due were not for that reason to be deprived of the right to paid annual leave at a later time or, in the case of employees who had been dismissed, to a payment in lieu.”
WLR Daily, 21st January 2009
Source: www.lawreports.co.uk
Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.
“Workers on long-term sick leave are entitled to paid holidays, one of Europe’s highest courts ruled today.”
The Times, 20th January 2009
Source: www.timesonline.co.uk
“Britain’s opt-out from the EU’s 48-hour working week was soundly defeated in a vote by the European Parliament today, with many Labour MEPs voting against the Government’s attempts to keep the measure first won by John Major in 1993.”
The Times, 17th December 2008
Source: www.timesonline.co.uk
“The Government tonight pledged to ‘stand firm’ to maintain an opt-out to the Working Time Directive after a committee of Euro MPs, including a Labour member, voted to scrap it.”
The Independent, 5th November 2008
Source: www.independent.co.uk
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