Staff who fall ill on holiday entitled to further paid leave, court rules – The Guardian

Posted June 22nd, 2012 in EC law, holiday pay, news, sick leave by tracey

“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.”

Full story

The Guardian, 21st June 2012

Source: www.guardian.co.uk

Working Time: Holidays – 11 KBW

Posted June 7th, 2012 in holiday pay, holidays, news, working time by sally

“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 – WLR Daily

Posted May 9th, 2012 in EC law, holiday pay, law reports, pensions, working time by sally

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

Russell and others v Transocean International Rescources Ltd and others – WLR Daily

Posted December 9th, 2011 in EC law, holiday pay, law reports, offshore installations, working time by tracey

Russell and others v Transocean International Rescources Ltd and others: [2011] UKSC 57;  [2011] WLR (D)  356

“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 claim ‘victory’ over BA on holiday pay – BBC News

Posted September 16th, 2011 in airlines, EC law, holiday pay, news by tracey

“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.”

Full story

BBC News, 15th September 2011

Source: www.bbc.co.uk

Servant paid £2.50 an hour wins tribunal against Arab Princess – Daily Telegraph

“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.”

Full story

Daily Telegraph, 9th June 2011

Source: www.telegraph.co.uk

BA pilot holiday pay row lands in court – BBC News

Posted February 24th, 2010 in airlines, holiday pay, news, trade unions by sally

“British Airways is due in court to fight a union’s attempt to change its policy on holiday pay for pilots.”

Full story

BBC News, 24th February 2010

Source: www.bbc.co.uk

Cotton v Secretary of State for Work and Pensions – WLR Daily

Posted December 18th, 2009 in benefits, holiday pay, law reports by sally

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 – Times Law Reports

Posted June 15th, 2009 in holiday pay, law reports, remuneration, sick leave by sally

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

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others) – WLR Daily

Posted June 11th, 2009 in holiday pay, law reports, remuneration, sick leave, working time by sally

Stringer and others v HM Revenue and Customs (On appeal from Inland Revenue Comrs v Ainsworth and others [2009] UKHL 31; [2009] WLR (D) 178

“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.