Westwood v Hospital Medical Group Ltd [2012] EWCA Civ 1005; [2012] WLR (D) 222
“A person not working for a company pursuant to a contract of employment, who was clearly an integral part of its undertaking when providing services as a surgeon, even though he was in business on his own account was a worker for the purposes of section 230(3)(b) of the Employment Rights Act 1996.”
WLR Daily, 24th July 2012
Source: www.iclr.co.uk
“Workers who fall sick during their annual leave are entitled to take corresponding paid leave at a later date, following a ruling made today by the European court of justice.”
The Guardian, 21st June 2012
Source: www.guardian.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
“UK pilots have claimed a ‘huge victory’ after a European court ruled British Airways should base holiday pay on overall earnings not just basic pay. The British Airline Pilots’ Association (Balpa) said the European Court of Justice verdict would affect pilots and cabin crew and may cost airlines £50m. The case will now go back to the UK Supreme Court for a final ruling, which the union said was unlikely to differ.”
BBC News, 15th September 2011
Source: www.bbc.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
“British Airways is due in court to fight a union’s attempt to change its policy on holiday pay for pilots.”
BBC News, 24th February 2010
Source: www.bbc.co.uk
Cotton v Secretary of State for Work and Pensions [2009] EWCA Civ 1330; [2009] WLR (D) 372
“Accrued holiday paid on the termination of employment constituted earnings of the same kind as ordinary pay so that an employee was treated as gainfully employed and not eligible for social security benefits in respect of earnings payable in the period starting with the first day of the benefit week in which they were paid and ending on the day before the next payment of ordinary earnings.”
WLR Daily, 17th December 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.
Ainsworth and Others v Inland Revenue Commissioners
House of Lords
“Employees entitled to statutory holiday pay were also entitled to claim its non-payment as an unlawful deduction from wages.”
Times Law Reports, 15th June 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.
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