All items: Working time and leave

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  Adams and another v Harwich International Port Ltd ET/1503084/10 & ET/1503085/10 (1 report relating to this case)

  • Employees allowed to carry over holiday accrued during sickness absences to following leave year

    Date:

    13 October 2011

    This case concerns the complicated relationship between sickness absence and annual leave, the law surrounding which is in an unsettled state.

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  Advocate General opinion in Lock v British Gas Trading Ltd and others Case C-539/12 ECJ (1 report relating to this case)

  • Holiday pay calculation should reflect commission worker would have received, suggests Advocate General

    Date:

    6 December 2013

    The Advocate General has taken the view that, where the remuneration received by a worker comprises both basic pay and commission calculated by reference to the sales that the worker gets from his or her own work, such commission should be included in the calculation of holiday pay.

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  Advocate General's opinion in CD v ST Case C-167/12 (1 report relating to this case)

  In CD v ST [2014] IRLR 551 ECJ; Z v A Government Department [2014] IRLR 563 ECJ, the European Court of Justice disagreed with the Advocate General and concluded that EU law does not require that the commissioning mother in a surrogacy agreement be entitled to maternity leave.

  • Surrogacy: both mothers ought to get maternity leave

    Date:

    27 September 2013

    The Advocate General has given her opinion that EU law means that both mothers in a surrogacy arrangement should have the right to receive maternity leave.

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  Advocate General’s opinion in The Sash Window Workshop Ltd and another v King Case C-214/16 ECJ (1 report relating to this case)

  • Annual leave: Advocate General suggests that workers can carry over holiday entitlement until paid holiday offered

    Date:

    8 June 2017

    The Advocate General has taken the view that where an employer has not provided a worker with paid leave, the worker's right to paid leave carries over until they have the opportunity to exercise it and, on termination of the engagement, the worker has the right to payment in lieu of any leave that is outstanding.

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  Ajayi and another v Aitch Care Homes (London) Ltd EAT/0464/11 (2 reports relating to this case)

  • Case round-up

    Date:

    1 June 2012

    Sinead Jones is an associate, and Phil Dupres and Beckie Howlett are trainee solicitors at Addleshaw Goddard. They round up the latest rulings.

  • Workers found sleeping at work not asserting right to rest break

    Date:

    18 April 2012

    The Employment Appeal Tribunal has held that the "refusal" or "proposed refusal" of a worker to accept his or her employer's contravention (or proposed contravention) of the Working Time Regulations 1998 (SI 1998/1833) must be communicated in advance to the employer. 

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  Anderson and others v Resource (UK) Ltd IT/1553/11 and other cases (1 report relating to this case)

  • Security firm could not buy out workers' statutory minimum holiday entitlement

    Date:

    18 August 2012

    In this case, a security company told workers that their 28-day entitlement to annual leave would be reduced because they were paid double for working bank or public holidays. The Northern Ireland industrial tribunal found this to be a breach of the workers' statutory right to a minimum of 28 days' annual leave.

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  Anderson v Jarvis Hotels EATS/0062/05 (1 report relating to this case)

  • Anderson v Jarvis Hotels

    Date:

    23 July 2006

    In Anderson v Jarvis Hotels EATS/0062/05, the Employment Appeal Tribunal (EAT) has held that an employee was contractually entitled to be paid for periods when he was required to sleep on the employer's premises, even though he rarely had to carry out any work during these periods.

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  Armstrong v Walter Scott Motors (London) Ltd EAT/766/02 (1 report relating to this case)

  • Assertion of statutory rights: Employee was reasonably clear in asserting statutory holiday leave entitlement

    Date:

    1 November 2003

    In Armstrong v Walter Scott Motors (London) Ltd, the EAT holds that an employee was reasonably clear in asserting his statutory right to paid holiday entitlement under the Working Time Regulations 1998 when he pointed out to his employer that, contrary to what the company staff handbook said, he should not be forced to wait a year before being entitled to take paid holiday, and that this requirement in the handbook was "morally indefensible in this day and age".

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  Arriva London South Ltd v Nicolaou EAT/0293/11 (2 reports relating to this case)

  • Working time: Employer entitled to restrict overtime in respect of non-opted-out employees

    Date:

    17 July 2012

    In Arriva London South Ltd v Nicolaou EAT/0293/11, the EAT held that an employer's refusal to allow an employee who had not opted out of the 48-hour week to work overtime on rest days did not give rise to unlawful detriment.

  • Overtime refusal for not opting out of 48-hour working week not a detriment

    Date:

    30 January 2012

    The Employment Appeal Tribunal has held that a worker who had not opted out of the 48-hour working week did not suffer detrimental treatment when his employer refused him the opportunity to work voluntary overtime on a rest day. 

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  Ashby v Addison and another (t/a Brayton News) [2003] All ER (D) 98 (Jan) EAT (1 report relating to this case)

  • Working time: I5-year-old "paper boy" was not entitled to paid holiday under WTR

    Date:

    4 April 2003

    In Addison & Addison (t/a Brayton News) v Ashby, the EAT holds that a 15-year-old "paper boy" is not a "worker" for the purposes of the Working Time Regulations 1998, and so is not entitled to four weeks' paid annual leave under the Regulations.