All items: Effect of EC law

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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 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 he or she has 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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  Asociación Nacional de Grandes Empresas de Distribución (Anged) v Federación de Asociaciones Sindicales (Fasga) and others [2012] IRLR 779 ECJ (2 reports relating to this case)

  • Working time: Workers must be able to postpone paid annual leave on becoming sick

    Date:

    4 December 2012

    In Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others [2012] IRLR 779 ECJ, the ECJ held that the Working Time Directive prohibits national measures that do not allow workers who become sick during paid annual leave to take that annual leave at a later time.

  • Sickness during annual leave: annual leave can be taken at another time irrespective of when incapacity occurs

    Date:

    21 June 2012

    The European Court of Justice has confirmed that a worker who is sick during a period of annual leave cannot be precluded from taking the holiday at a time other than that originally scheduled, irrespective of when the incapacity for work first arose. 

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  Associated British Ports v Bridgeman [2012] IRLR 639 EAT (1 report relating to this case)

  • EAT asks ECJ about workers' rights to daily rest and rest breaks when continuity of service needed

    Date:

    10 April 2012

    The Employment Appeal Tribunal has referred to the European Court of Justice the question of the extent to which employers can avoid giving workers daily rest periods and rest breaks because of the need for continuity of service or production. 

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  Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA (1 report relating to this case)

  • Bamsey and others v Albon Engineering & Manufacturing plc

    Date:

    1 June 2004

    In Bamsey and others v Albon Engineering & Manufacturing plc [2004] IRLR 457 CA, the Court of Appeal held that where overtime hours have been worked during the 12-week period immediately preceding the date on which a worker's holiday begins only those hours that the employer is contractually required to provide and the worker contractually required to work count as normal working hours for the purposes of determining the amount of a week's pay.

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  Bamsey and others v Albon Engineering [2003] All ER (D) 424 (Mar) EAT (1 report relating to this case)

  • Case round-up

    Date:

    1 June 2003

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

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  Barber and others v RJB Mining (UK) Ltd [1999] IRLR 308 HC (1 report relating to this case)

  • Contracts of employment: Maximum 48-hour week is a statutorily implied term in all employment contracts

    Date:

    1 April 1999

    In making the Working Time Regulations, Parliament intended that all contracts of employment must be read so as to provide that an employee should work no more than an average of 48 hours per week during any 17-week reference period, holds the High Court in Barber and others v RJB Mining (UK) Ltd.

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  Benkharbouche v Secretary of State for Foreign and Commonwealth Affairs; Secretary of State for Foreign and Commonwealth Affairs and another v Janah [2018] IRLR 123 SC (1 report relating to this case)

  • State immunity cannot prevent claims for EU employment law breaches

    Date:

    24 October 2017

    The Supreme Court has held that the State Immunity Act 1978 cannot prevent embassy staff from enforcing workplace rights derived from EU employment laws.

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  Bollacke v K+K Klaas & Kock BV & Co KG [2014] IRLR 732 ECJ (2 reports relating to this case)

  • Paid annual leave: Right to payment for untaken annual leave survives death of worker

    Date:

    11 December 2014

    In Bollacke v K+K Klaas & Kock BV & Co KG [2014] IRLR 732 ECJ, the ECJ held that the Working Time Directive prevents the entitlement to pay for accrued but untaken leave being lost on the death of the relevant worker. In addition, the right to claim payment in respect of such accrued but untaken leave does not attach to the person of the worker who has died, but can be claimed by the worker's estate.

  • Holiday pay payable on death of a worker, concludes ECJ

    Date:

    13 June 2014

    The European Court of Justice has held that a payment must be made for accrued but untaken annual leave on the death of a worker.

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  Bowden and others v Tuffnells Parcels Express Ltd [2000] IRLR 560 EAT (1 report relating to this case)

  • Working time: Exclusion of all road transport workers from scope of Directive called into question

    Date:

    15 June 2000

    In Bowden and others v Tuffnells Parcels Express Ltd, the EAT refers to the European Court of Justice, for a preliminary ruling, the question of whether or not all workers employed in the road transport sector of activity are necessarily excluded from the scope of the EC Working Time Directive. If not, the EAT asks what test should be applied to determine which of those workers are so excluded and which are not.