Working time
The Employment Appeal Tribunal has held that a worker who had not opted out of the 48-hour working week did not suffer detrimental treatment when his employer refused him the opportunity to work voluntary overtime on a rest day.
The European Court of Justice has confirmed that the Working Time Directive (03/88/EC) does not require an unlimited accumulation of a worker's paid annual leave during a period of long-term sickness absence.
The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday.
Chris McAvoy, Cane Pickersgill, Tessa Harland, Sarah Wade and David Rintoul are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.
The European Court of Justice has considered whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay, in the context of a dispute over how the holiday pay of British Airways pilots who are paid flying allowances as well as basic pay should be calculated.
The Court of Appeal has held that a lone security guard who could take a rest break during a 12-hour shift, but who had to be on call during that time and could start his rest break again if it was interrupted, was given "compensatory rest" under the Working Time Regulations 1998.
The Employment Appeal Tribunal has held that a worker absent for the whole leave year, but who does not submit a request for the annual leave before the leave year ends, does not forfeit his or her entitlement to paid annual leave.
Tori O'Neil, associate, and Judith Harris, legal director, at Addleshaw Goddard detail the latest rulings.
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.
Employment law cases: HR and legal information and guidance relating to working time.