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B v Yodel Delivery Network Ltd: ECJ 22 Apr 2020

Order : Organisation of Working Time – Concept of ‘Worker’ – Parcel Delivery Undertaking – Reference for a preliminary ruling – Article 99 of the Rules of Procedure of the Court – Directive 2003/88/EC – Organisation of working time – Concept of ‘worker’ – Parcel delivery undertaking – Classification of couriers engaged under a services … Continue reading B v Yodel Delivery Network Ltd: ECJ 22 Apr 2020

Fenoll v Centre d’aide par le travail La Jouvene: ECJ 26 Mar 2015

ECJ Preliminary ruling – Social policy – Charter of Fundamental Rights of the European Union – Article 31, paragraph 2 – Directive 2003/88/EC – Article 7 – Concept of ‘worker’ – Disabled person – Right to paid annual leave – National legislation contrary to EU law – Role of the national court A Tizzano, P … Continue reading Fenoll v Centre d’aide par le travail La Jouvene: ECJ 26 Mar 2015

Greenfield v The Care Bureau Ltd: ECJ 11 Nov 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Framework Agreement on part-time work – Organisation of working time – Directive 2003/88/EC – Right to paid annual leave – Calculation of entitlement to leave in the event of an increase in working time – Interpretation of the pro rata temporis principle F. … Continue reading Greenfield v The Care Bureau Ltd: ECJ 11 Nov 2015

Federacion De Servicios Privados Del Sindicato Comisiones Obreras v Tyco Integrated Security Sl: ECJ 10 Sep 2015

ECJ Judgment – Reference for a preliminary ruling – Social policy – Directive 2003/88/EC – Protection of the safety and health of workers – Organisation of working time – Point (1) of Article 2 – Concept of ‘working time’ – Workers who are not assigned a fixed or habitual place of work – Time spent … Continue reading Federacion De Servicios Privados Del Sindicato Comisiones Obreras v Tyco Integrated Security Sl: ECJ 10 Sep 2015

Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

EAT Working Time Regulations – TRADE UNION RIGHTS – Action short of dismissal Working Time Regulations 1998 (‘WTR’) Regulation 2(1)(a) and (c) – ‘working time’ Trade Union and Labour Relations (Consolidation) Act 1992 section 146 – detriment The Employment Tribunal having dismissed the Claimants’ claims of breach of the WTR and of detriment, the following … Continue reading Edwards and Another v Encirc Ltd (Working Time Regulations): EAT 23 Feb 2015

European Commission v Guido Strack: ECJ 19 Sep 2013

ECJ Review of the judgment of the General Court in Case T-268/11 P – Civil service – Commission decision refusing to carry over paid annual leave not taken by an official during the reference period because of long term sick leave – Article 1e(2) of the Staff Regulations of Officials of the European Union – … Continue reading European Commission v Guido Strack: ECJ 19 Sep 2013

Sood Enterprises Ltd v Healy (Contract of Employment : Sick Pay and Holiday Pay): EAT 14 Mar 2013

EAT CONTRACT OF EMPLOYMENT – Sick pay and holiday payWorking Time Directive 2003/88/EC Article 7; Working Time Regulations: holiday pay accrued when on sick leave. The Claimant sought payment in lieu of holiday pay, under WTR 13 and 13A, which he claimed had accrued during a period of illness prior to his resigning from his … Continue reading Sood Enterprises Ltd v Healy (Contract of Employment : Sick Pay and Holiday Pay): EAT 14 Mar 2013

Bianca Brandes v Land Niedersachsen: ECJ 13 Jun 2013

ECJ Social policy – Directive 2003/88/EC – Entitlement to paid annual leave – Framework agreement on part-time work – Full-time worker having been unable to exercise her entitlement to paid annual leave during the reference period – Move of that worker to a scheme of part-time work – National provision or practice providing for a … Continue reading Bianca Brandes v Land Niedersachsen: ECJ 13 Jun 2013

Williams And Others v British Airways Plc: ECJ 16 Jun 2011

ECJ (Opinion) Working conditions – Organisation of working time – Article 7 of Directive 2003/88/EC – Right to paid annual leave – Extent of the obligations provided for by that directive in respect of the nature and level of paid annual leave – Discretion available to the Member States in laying down precise rules governing … Continue reading Williams And Others v British Airways Plc: ECJ 16 Jun 2011

Accardo and Others v Comune di Torino: ECJ 21 Oct 2010

accardo_torinoECJ2010 ECJ Social policy – Protection of the safety and health of workers – Organisation of working time – Municipal police officers – Directive 93/104/EC – Directive 93/104/EC as amended by Directive 2000/34/EC – Directive 2003/88/EC – Articles 5, 17 and 18 – Maximum weekly working time – Collective agreements or agreements concluded between the … Continue reading Accardo and Others v Comune di Torino: ECJ 21 Oct 2010

British Airways Plc v Williams and Others: CA 3 Apr 2009

The company appealed against an adverse finding on its holiday pay payments to its pilots, saying that the pay was subject to the 2004 Regulations alone. The Directive suggested that holiday pay should be at normal average rates of pay, but the actual pay excluded bonus rates. The company said that the special regulations applicable … Continue reading British Airways Plc v Williams and Others: CA 3 Apr 2009

British Airways Plc v Williams and Others: SC 17 Oct 2012

The claimants, airline pilots, and the company disputed the application of the 1998 Regulations to their employment. They sought pay for their annual leave made up of three elements: a proportionate part of the fixed annual sum paid for their services, a supplementary payment which varied according to the time spent flying, and thirdly an … Continue reading British Airways Plc v Williams and Others: SC 17 Oct 2012

Williams And Others v British Airways Plc: ECJ 15 Sep 2011

ECJ Working conditions – Directive 2003/88/EC – Organisation of working time – Right to annual leave – Airline pilots ECJ Article 7 of Directive 2003/88/EC and clause 3 of the European Agreement: ‘must be interpreted as meaning that an airline pilot is entitled, during his annual leave, not only to the maintenance of his basic … Continue reading Williams And Others v British Airways Plc: ECJ 15 Sep 2011

Associated British Ports v Bridgeman: EAT 4 Apr 2012

EAT Working Time Regulations 1998 – Regulation 21This is a test case which involves the hours that pilots can be expected to work on the River Humber. The Employment Tribunal found that Associated British Ports, the Appellant, could not comply with the provisions as to rest breaks in Regulation 12 and was therefore entitled to … Continue reading Associated British Ports v Bridgeman: EAT 4 Apr 2012

Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014

EAT WORKING TIME REGULATIONS: HOLIDAY PAY – DAMAGES FOR BREACH OF CONTRACT – UNLAWFUL DEDUCTION FROM WAGES The EAT held that Article 7 of the Working Time Directive is to be interpreted such that payments for overtime which the employees in two appeals before it were required to work, though which their employer was not … Continue reading Bear Scotland Limited v Fulton, and similar: EAT 4 Nov 2014

Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

russell_transocean The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements. Held: The Court dismissed the employees’ appeal and refused a requested reference to the European Court. The rest break, daily rtests and weekley rest periods are … Continue reading Russell and Others v Transocean International Resources Ltd and Others: SC 7 Dec 2011

Uber Bv and Others v Aslam and Others: SC 19 Feb 2021

Smartphone App Contractors were as Workers The court was asked whether the employment tribunal was entitled to find that drivers whose work was arranged through Uber’s smartphone application work for Uber under workers’ contracts and so qualify for the national minimum wage, paid annual leave and other workers’ rights; or whether, as Uber contended, the … Continue reading Uber Bv and Others v Aslam and Others: SC 19 Feb 2021