The Employment Appeal Tribunal has referred to the European Court of Justice the question of the extent to which employers can avoid giving workers daily rest periods and rest breaks because of the need for continuity of service or production.
The European Court of Justice has said that it is contrary to the Working Time Directive (03/88/EC) for national legislation to make entitlement to paid annual leave conditional on a worker having worked a minimum of 10 days for the same employer in the holiday year.
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.
Practical guidance on dealing with an employee who goes ahead with a holiday when annual leave has not been authorised, including investigating the unauthorised absence and disciplinary sanctions.