Search Results for: Directive 93/104/EC

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Marshalls Clay Products Ltd Pearce Clarke, Sutton, Hoy v Caulfield and others, Huw Howatson Ltd Frank Studdon Ltd, Potting Constuction Ltd, Hanlin Construction: EAT 25 Jun 2003

Conjoined appeals were considered on the issue of whether holiday pay arrangements met the requirements of the Working Time Regulations, where holiday pay was in some was rolled up with normal pay. Held: Five categories were identified. Those were silent as to holiday pay; contracts excluding entitlement; contracts where holiday pay was included within standard … Continue reading Marshalls Clay Products Ltd Pearce Clarke, Sutton, Hoy v Caulfield and others, Huw Howatson Ltd Frank Studdon Ltd, Potting Constuction Ltd, Hanlin Construction: EAT 25 Jun 2003

British Airways Plc v Williams and Others: SC 24 Mar 2010

The court was asked as to the calculation of annual leave pay for crew members in civil aviation under the Regulations. The company argued that it was based on the fixed annual remuneration, and the pilots argued that it should include other elements of pay. Held: The position was not acte claire, and the case … Continue reading British Airways Plc v Williams and Others: SC 24 Mar 2010

MacCartney v Oversley House Management: EAT 31 Jan 2006

EAT The Tribunal erred in law in holding that the Appellant had received the rest breaks to which she was entitled under reg 12 of the Working Time Regulations 1998. Gallagher v Alpha Catering Services Ltd [2005] IRLR 102 applied.The Tribunal erred in law in holding that the Appellant was not working for the purpose … Continue reading MacCartney v Oversley House Management: EAT 31 Jan 2006

Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006

The employers used a system of ‘rolled up’ holiday pay, so that staff received a sum equivalent to holiday pay throughout the year. Held: Such a system was not in accordance with the Working Time Directive. The directive required that there should be a specific payment for a particular period during which a worker took … Continue reading Robinson-Steele v RD Retail Services Ltd; Clarke v Frank Staddon Ltd and similar: ECJ 16 Mar 2006

Gallagher and others v Alpha Catering Services Ltd: CA 8 Nov 2004

The Claimants were employed to deliver food to aircraft at airports, loading and unloading food from the aircraft. Between loadings, they were on down time – not physically working, but required to remain in radio contact with their employers, and at their disposal. The employers argued that since the employees would get 20 minutes’ rest … Continue reading Gallagher and others v Alpha Catering Services Ltd: CA 8 Nov 2004

Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (3): ECJ 5 Oct 2004

ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation … Continue reading Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (3): ECJ 5 Oct 2004

Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 3: ECJ 5 Oct 2004

ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of – road transport – Maximum weekly working time – Principle – Direct effect – Derogation … Continue reading Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 3: ECJ 5 Oct 2004

Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001

The provisions of the Directive, which excluded from regulation the employment of transport workers, applied to office workers as well as to actual drivers. The phrases used by the Directive in disapplying the Directive to certain employment sectors, made a distinction between those employed in certain industries, and, in other cases, those with certain jobs. … Continue reading Bowden and Others v Tuffnells Parcels Express Ltd: ECJ 4 Oct 2001

East Riding of Yorkshire Council v Lorraine Gibson: CA 21 Jun 2000

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 … Continue reading East Riding of Yorkshire Council v Lorraine Gibson: CA 21 Jun 2000

Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001

The rule in United Kingdom law under which the entitlement to be paid annual leave arose only after an employee had been continuously employed for 13 weeks, did not satisfy European law. Members of the applicant trade union were typically employed on short term repeating contracts and did not receive paid annual holidays. The Directive … Continue reading Regina v Secretary of State for Trade and Industry ex parte Broadcasting, Entertainment, Cinematographic and Theatre Union: ECJ 26 Jun 2001

A G Davies and others v M J Wyatt (Decorators) Ltd: EAT 13 Jul 2000

Upon implementation of the Working Time Directive requiring employers to provide paid holiday, the respondents adjusted the wages of their staff down to balance the new holiday payments. The Regulations provided that the new rights should not affect any other existing contractual right, and accordingly the reduction was unlawful. EAT Unlawful Deduction from Wages – … Continue reading A G Davies and others v M J Wyatt (Decorators) Ltd: EAT 13 Jul 2000

Gambau, Jean-Yves Belladoui v Mark Catering Ltd: EAT 19 Nov 2001

The workers were catering staff. They claimed to be entitled to arrears of holiday pay under the Regulations. In addition to their normal hours they worked some evenings casually. They claimed entitlement to holiday pay for those hours. They appealed a dismissal of their claim. Held: The tribunal had not asked the question of whether … Continue reading Gambau, Jean-Yves Belladoui v Mark Catering Ltd: EAT 19 Nov 2001

Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000

Doctors working in primary health care teams are subject to the Working Time Directive. They are not to be assimilated as public service workers alongside emergency services. All time on call was working time and overtime if present at a health centre, but if merely contactable then the rules applied to the time actually spent. … Continue reading Sindicato de Medicos de Asistancia Publica (SIMAP) v Colsilieria de Sanidad y Consumo de la Generalidad Valenciana: ECJ 3 Oct 2000

Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 4: ECJ 5 Oct 2004

ECJ Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of -road transport – Maximum weekly working time – Principle – Direct effect – Derogation – … Continue reading Pfeiffer etc v Deutsches Rotes Kreuz, Kreisverband Waldshut eV 4: ECJ 5 Oct 2004

Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004

ECJ Reference for a preliminary ruling: Arbeitsgericht Lorrach – Germany. Social policy – Protection of the health and safety of workers – Directive 93/104/EC – Scope – Emergency workers in attendance in ambulances in the framework of an emergency service run by the German Red Cross – Definition of ‘road transport’ – Maximum weekly working … Continue reading Pfeiffer v Deutsches Rotes Kreuz, Kreisverband Waldshut eV (1): ECJ 5 Oct 2004

R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019

The driver’s car failed its MOT., He took it to private premises to repair. In those repairs, inflammable materials ignited and the fire spread those premises and adjoining third party premises. The premise’ insurers paid the owners of both and claimed an indemnity from the driver. His motor policy covered him, as required in respect … Continue reading R and S Pilling (T/A Phoenix Engineering) v UK Insurance Ltd: SC 27 Mar 2019

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 irrespective of any ambiguity or deficit in the implementing regulations. Times 12-Feb-1999, Gazette … Continue reading Gibson v East Riding of Yorkshire District Council: EAT 3 Feb 1999

Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

The claimant alleged infringement by the defendant of assorted intellectual property rights in its database. It provided systems for recovering materials deleted from Nokia mobile phones. Held: ‘the present case is concerned with a collection of numerical data . . the individual items of data are not protected by copyright. It follows that the collection … Continue reading Forensic Telecommunications Services Ltd v West Yorkshire Police and Another: ChD 9 Nov 2011

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

Hughes v The Corps of Commissionaires Management Ltd: CA 8 Sep 2011

The employee security guard appealed against a finding that his employer had allowed rest breaks as allowed under the Regulations. He worked a continuous shift during which he was allowed to use a rest area, but he remained on call. Held: The appeal failed. The break given to the appellant would not satisfy the regulation … Continue reading Hughes v The Corps of Commissionaires Management Ltd: CA 8 Sep 2011

O’Brien v Ministry of Justice: SC 28 Jul 2010

The appellant had worked as a part time judge. He now said that he should be entitled to a judicial pension on retirement by means of the Framework Directive. The Regulations disapplied the provisions protecting part time workers for judicial office holders paid on a daily fee-paid basis. Held: The matter required to be referred … Continue reading O’Brien v Ministry of Justice: SC 28 Jul 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

Landeshauptstadt Kiel v Norbert Jaeger: ECJ 9 Sep 2003

Concepts of working time and rest period – On Call ECJ Reference for a preliminary ruling: Landesarbeitsgericht Schleswig-Holstein – Germany. Social policy – Protection of the safety and health of workers – Directive 93/104/EC – Concepts of working time and rest period – On-call service (Bereitschaftsdienst) provided by doctors in hospitals. Social policy – Protection … Continue reading Landeshauptstadt Kiel v Norbert Jaeger: ECJ 9 Sep 2003

Greenalls Management Ltd v Customs and Excise: HL 12 May 2005

Volumes of vodka were transferred from a secure warehouse to a carrier for export. They were diverted, and not exported and the Customs sought the unpaid duty from the warehouse. The Directive provided that duty was payable on the ‘release for consumption’ which in turn included ‘any departure, including irregular departure, from a suspension arrangement.’ … Continue reading Greenalls Management Ltd v Customs and Excise: HL 12 May 2005