British Airways plc v Williams and others – WLR Daily

Posted October 19th, 2012 in airlines, EC law, holiday pay, law reports, remuneration, working time by sally

British Airways plc v Williams and others [2012] UKSC 43; [2012] WLR (D) 277

“Where a group of airline pilots’ claimed that their paid annual leave (as required by a European Aviation Directive) should include their regular supplementary allowances as well as their basic pay and, on a reference by the Supreme Court, the Court of Justice of the European Union had interpreted the Directive as requiring pay for annual leave to correspond to normal remuneration, assessed as being the average over a representative period of all remuneration save that intended exclusively to cover costs, the absence of a detailed domestic legislative scheme implementing the Directive’s requirements as to paid annual leave did not preclude an employment tribunal from making such an assessment.”

WLR Daily, 17th October 2012

Source: www.iclr.co.uk

Employer’s liability for accidents resulting from excessive working hours – Hardwicke Chambers

Posted October 18th, 2012 in accidents, employment, news, working time by sally

“British workers put in some of the longest hours in Europe, and the burden falls particularly heavily on shift workers. You have often seen the signs ‘Tiredness Kills’ along motorways. In many instances this is literally true and over-tired drivers coming home from long shifts pose a real hazard to themselves and other road users.”

Full story

Hardwicke Chambers, 10th October 2012

Source: www.hardwicke.co.uk

EU working time rules put patients at risk, warn doctors – Daily Telegraph

Posted October 15th, 2012 in doctors, EC law, medical treatment, news, working time by tracey

“Patient care is being put at risk by the European Working Time Directive, which ‘disrupts continuity of care and distorts clinical training’, say two Royal Colleges.”

Full story

Daily Telegraph, 14th October 2012

Source: www.telegraph.co.uk

High Court ruling will increase cost of long-term sick leave for businesses, expert warns – OUT-LAW.com

Posted July 27th, 2012 in dismissal, news, remuneration, sick leave, working time by sally

“Unused holiday entitlement by workers on long-term sick leave should be automatically transferred into the next leave year if a worker is unable to take that holiday due to his or her sickness, the Court of Appeal has said.”

Full story

OUT-LAW.com, 27th July 2012

Source: www.out-law.com

NHS Leeds v Larner – WLR Daily

Posted July 27th, 2012 in dismissal, law reports, remuneration, sick leave, working time by sally

NHS Leeds v Larner [2012] EWCA Civ 1034; [2012] WLR (D) 227

“An employee who had been on sick leave for a prolonged period of time and who was eventually dismissed thereafter had not lost her right to the holiday pay to which she was entitled in lieu of the annual leave which she had been unable to take.”

WLR Daily, 25th July 2012

Source: www.iclr.co.uk

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others – WLR Daily

Posted July 9th, 2012 in EC law, law reports, sick leave, working time by sally

Asociación Nacional de Grandes Empresas de Distribución (ANGED) v Federación de Asociaciones Sindicales (FASGA) and others (Case C-78/11); [2012] WLR (D) 194

“Article 7(1) of Parliament and Council Directive 2003/88/EC concerning certain aspects of the organisation of working time precluded national provisions under which a worker who became unfit for work during a period of paid annual leave was not entitled subsequently to the paid annual leave which coincided with the period of unfitness for work.”

WLR Daily, 21st June 2012

Source: www.iclr.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

Eurozone crisis: Cameron and Merkel agree framework for EU negotiations – The Guardian

Posted November 21st, 2011 in EC law, news, working time by tracey

“Britain looks set to be able to relax the EU’s controversial working time directive after David Cameron agreed a framework for negotiations with the German chancellor, Angela Merkel, in response to the eurozone crisis.”

Full story

The Guardian, 20th November 2011

Source: www.guardian.co.uk

Williams and others v British Airways plc (Case C-155/10) – WLR Daily

Posted September 29th, 2011 in airlines, EC law, employment, law reports, remuneration, working time by sally

Williams and others v British Airways plc (Case C-155/10); [2011] WLR (D) 282

“An airline pilot was entitled, during his annual leave, not only to the maintenance of his basic salary, but also, first, to all the components intrinsically linked to the performance of the tasks which he was required to carry out under his contract of employment and in respect of which a monetary amount, included in the calculation of his total remuneration, was provided and, second, to all the elements relating to his personal and professional status as an airline pilot, pursuant to article 7 of Directive 2003/88/EC of 4 November 2003 concerning certain aspects of the organisation of working time and clause 3 of the Agreement annexed to Directive 2000/79/EC of 27 November 2000 concerning the European Agreement on the Organisation of Working Time of Mobile Workers in Civil Aviation, concluded by the Association of European Airlines, the European Transport Workers’ Federation, the European Cockpit Association, the European Regions Airline Association (ERA) and the International Air Carrier Association.”

WLR Daily, 15th September 2011

Source: www.iclr.co.uk

Autoclenz Ltd v Belcher and others – WLR Daily

Posted July 28th, 2011 in contract of employment, law reports, Supreme Court, working time by tracey

Autoclenz Ltd v Belcher and others [2011] UKSC 41;  [2011] WLR (D)  255

“In the employment context, the courts should focus on the reality of the relationship between the parties, which might not be accurately reflected by the written documentation. In deciding whether the terms of any written agreement in truth represented what was agreed, the relative bargaining power of the parties had to be taken into account.”

WLR Daily, 27th July 2011

Source; www.iclr.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

Ministers to review curb on doctors hours – BBC News

Posted August 2nd, 2010 in doctors, news, working time by sally

“Ministers are to review European rules that restrict the number of hours doctors can work.”

Full story

BBC News, 2nd August 2010

Source: www.bbc.co.uk

Lawyers work ‘extreme’ overtime, study reveals – Law Society’s Gazette

Posted March 1st, 2010 in legal profession, news, working time by sally

“Lawyers are among the most likely workers to do ‘extreme’ unpaid overtime, figures have revealed.”

Full story

Law Society’s Gazette, 26th February 2010

Source: www.lawgazette.co.uk

Judges to work overtime as cuts and delays put justice at risk – The Times

Posted July 10th, 2009 in courts, judiciary, news, working time by sally

“Courts face having to sit for an extra two hours a day as they struggle with rising workloads coupled with an unprecedented drive to cut costs.”

Full story

The Times, 10th July 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.

British Airways plc v Williams and Others – Times Law Reports

Posted April 28th, 2009 in airlines, law reports, remuneration, working time by sally

British Airways plc v Williams and Others

Court of Appeal

“An airline which based its paid annual leave rate for pilots on their basic salary rather than on what they might be expected actually to earn, including supplements, was not in breach of the statutory holiday pay requirements.”

The Times, 28th April 2009

Source: www.timesonline.co.uk

British Airways plc v Williams and others – WLR Daily

Posted April 7th, 2009 in airlines, law reports, remuneration, working time by sally

British Airways plc v Williams and others [2009] EWCA Civ 281; [2009] WLR (D) 126

“An airline which had paid its pilots during the period of their ‘paid annual leave’ by reference to their basic salary, rather than the pay they might expect to earn, including supplements, during a working week, was not in breach of the applicable statutory requirements as to payment of such paid annual leave.”

WLR Daily, 6th April 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.

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06 – Times Law Reports

Posted January 28th, 2009 in EC law, law reports, sick leave, working time by sally

Stringer and Others v HM Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund Joined Cases C-520/06 and C-350/06

Court of Justice of the European Communities

“Workers or former workers who in a particular year were on sick leave and for that reason were unable to exercise their right to paid annual leave in that year, were entitled to exercise the right at a later time, or, in the case of former workers, to compensation in lieu.”

The Times, 28th January 2009

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.