All items: Parental leave

• expand

  Lewen v Denda [2000] IRLR 67 ECJ (2 reports relating to this case)

  • Equal pay: Refusing to pay Christmas bonus to women on parental leave may not be discriminatory

    Date:

    15 January 2000

    In Lewen v Denda, the European Court of Justice rules that, where a bonus that is paid voluntarily as an exceptional allowance at Christmas is awarded retroactively as pay for work done, an employer is precluded by Article 141 of the Treaty of Rome from excluding female workers on parental leave entirely from the benefit of the bonus, without taking account of the work done. But an employer may lawfully refuse to pay such a bonus to a woman on parental leave where that payment is subject only to her being in active employment.

  • Bonus paid during parental leave

    Date:

    1 December 1999

    In Lewen v Denda the European Court of Justice has ruled that whether an employee on parental leave is entitled under Article 119 of the EC Treaty (now Article 141) to a Christmas bonus depends on whether it is properly seen as pay for work performed or whether it is to encourage those in active employment to work hard in forthcoming months.

• expand

  Maïstrellis v Ypourgos Dikaiosynis, Diafaneias Kai Anthropinon Dikaiomaton [2015] IRLR 944 ECJ (1 report relating to this case)

  • Case round-up

    Date:

    1 October 2015

    David Malamatenios is a partner and Sandra Martins, Krishna Santra and Colin Makin are senior associates at Colman Coyle Solicitors. They round up the latest rulings.

• expand

  Meerts v Proost NV Case C-116/08 ECJ (1 report relating to this case)

  • Meerts v Proost NV

    Date:

    27 October 2009

    The European Court of Justice has held that pay in lieu of notice given to a worker who is dismissed without notice during part-time parental leave should be calculated on the basis of his or her full-time salary.

• expand

  Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich Case C-220/02 ECJ (1 report relating to this case)

  • Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich

    Date:

    31 December 2002

    In Österreichischer Gewerkschaftsbund, Gewerkschaft der Privatangestellten v Wirtschaftskammer Österreich Case C-220/02, the European Court of Justice held that the principle of equal pay for men and women does not prevent the calculation of a termination payment from taking into account, as length of service, periods of military service or their civilian equivalent, performed mainly by men, but not of parental leave taken most often by women.

• expand

  Qua v John Ford Morrison Solicitors [2003] IRLR 184 EAT (5 reports relating to this case)

  • Time off for dependants: First consideration of dependants' leave entitlement

    Date:

    9 May 2003

    In Qua v John Ford Morrison Solicitors, the EAT holds that the statutory right to take a "reasonable amount of time off" to care for dependants is a right that applies during working hours to enable employees to deal with the variety of specified unexpected or sudden events affecting their dependants, and in order to make any "necessary" longer-term arrangements for their care.

  • Case round-up

    Date:

    1 May 2003

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

  • Dependants leave is not a case for unfair dismissal

    Date:

    1 April 2003

    Employees with caring responsibilities are entitled to take 'dependants leave' when a child is ill, but employers should keep extensive records of when they are absent. By Danielle Kingdon, employment partner, Osbourne Clarke.

  • Guidelines on dependant leave

    Date:

    1 April 2003

    In Qua v John Ford Morrison Solicitors (14 January 2003), the EAT confirms that the statutory right to time off in respect of dependants is a right to deal with unexpected events, and is not intended to allow an employee to provide care for a sick dependant beyond the reasonable amount necessary to enable them to deal with the immediate crisis.

  • Case round-up: unfair dismissal compensation; temporary workers and time off for dependants

    Date:

    11 February 2003

    This week's case round-up, covering: unfair dismissal and compensation; temporary workers; and time off for dependants.

• expand

  R v Secretary of State for Trade and Industry ex parte Trades Union Congress [2000] IRLR 565 HC (2 reports relating to this case)

  • Parental leave: Parental leave cut-off date remains lawful pending ECJ's ruling

    Date:

    1 October 2000

    In R v Secretary of State for Trade & Industry, ex parte Trades Union Congress, the Court of Appeal dismisses an appeal against the Divisional Court's decision not to declare inoperative, until the ECJ answers the question that the Divisional Court referred to it, the limitation of the right to parental leave in Great Britain to parents of children born on or after 15 December 1999.

  • Parental leave cut-off to Europe

    Date:

    1 September 2000

    In R v Secretary of State for Trade and Industry ex parte Trades Union Congress (23 May 2000), the High Court refers to the European Court of Justice whether the exclusion in the Maternity and Parental Leave Regulations of the right to parental leave in respect of children under five born or adopted prior to 15 December 1999 properly implements the EU Parental Leave Directive.

• expand

  Riezniece v Zemkopibas Ministrija and another [2013] IRLR 828 ECJ (1 report relating to this case)

  • Case round-up

    Date:

    1 September 2013

    Joe Beeston, Kate Edminson, Rosie Kight and David Rintoul are associate solicitors and Iain Naylor is a trainee solicitor at Addleshaw Goddard LLP. They round up the latest rulings. They round up the latest rulings.

• expand

  Rodway v South Central Trains Ltd [2005] IRLR 583 CA (2 reports relating to this case)

  • Parental leave: Parental leave can generally be taken only in one-week blocks

    Date:

    29 July 2005

    In Rodway v South Central Trains Ltd, the Court of Appeal holds that the EAT was correct to hold that parental leave may only be taken in blocks of one week's leave, except where there are contractual provisions or a workforce or collective agreement to the contrary, or where the child in respect of whom leave is taken is entitled to disability living allowance.

  • Case round-up: Parental leave

    Date:

    3 May 2005

    This week's case round-up from Eversheds, covering parental leave.

• expand

  South Central Trains Ltd v Rodway [2004] IRLR 777 EAT (2 reports relating to this case)

  • Parental leave: Parental leave to be taken in one-week blocks

    Date:

    8 October 2004

    In South Central Trains Ltd v Rodway the EAT holds that a disagreement over entitlement to parental leave does not amount to a "reason related to parental leave" for the purpose of a complaint of being subjected to a detriment under s.47C of Employment Rights Act 1996 (leave for family and domestic reasons).

  • Case round-up

    Date:

    21 September 2004

    This week's case round-up from Eversheds, covering: minimum periods of parental leave; and the right to time off for dependants.

• expand

  Zentralbetriebsrat der Landeskrankenhäuser Tirols v Land Tirol C-486/08 ECJ (1 report relating to this case)

  • EU: ECJ rules on holiday rights after parental leave

    Date:

    20 May 2010

    The European Court of Justice ruled in April 2010 that workers who take parental leave cannot, after the leave, be deprived of their annual leave entitlement accumulated during the year preceding the birth of their child. The judgment also deals with the rights of part-time and fixed-term workers.