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.
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.
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.
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