The applicant was a 15 year old paper boy. He sought holiday pay under the regulations. The employer resisted, saying he was not a worker under the regulation, being still in compulsory full time education.
Held: No formal system of holidays operated. Children were not explicitly excluded from the Working Time Directive, but were rather dealt with under the Young Persons’ Directive. The Working Time Regulations defined two kinds of workers by age, implicitly excluding children in compulsory full time education. The arrangements for such were rather provided by regulations derived from the Young Person’s Directive, and which did not include a right to holiday pay.
Judges:
Burke QC, Dawson and MacArthur
Citations:
Times 24-Jan-2003, [2003] UKEAT 0851 – 01 – 1701, [2003] All ER (D) 98, [2003] ICR 667, [2003] IRLR 211
Links:
Statutes:
Working Times Regulations 1998 (1998 No 1833) 2, Working Time Directive (93/104/EEC), Young Persons Directive (94/33/EC)5 11, Children and Young Persons Act 1933 18 30(1), Children (Protection at Work) Regulations 1998 (1998 No 276)
Jurisdiction:
England and Wales
Employment, Children, European
Updated: 27 June 2022; Ref: scu.178773