The European Directive which created rights for workers to minimum holidays, was not sufficiently precise to allow it to have direct effect, and so give rise to an individual’s right to sue an employer under its provisions directly. The Directive gave some discretion to a member state, ‘flexibility in the application of certain provisions,’ and that certain provisions might therefore be subject to derogations.
Citations:
Times 06-Jul-2000, [2000] EWCA Civ 199
Links:
Statutes:
Working Time Directive 93/104/EC OJ 1993 L307/18
Jurisdiction:
England and Wales
Citing:
Appeal from – Gibson v East Riding of Yorkshire District Council EAT 3-Feb-1999
The Working Time Directive has direct application in the employment by an emanation of the state – a local authority, and an hourly paid part timer was entitled to four weeks paid holiday by the direct effect application of the Directive, and . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 31 May 2022; Ref: scu.147232