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 sought to improve working conditions for employees. There were certain derogations, but not from Article 7, the particular applicable condition. The right was a social right directly conferred on each worker, and the UK regulations were incompatible with that right.

Citations:

Times 28-Jun-2001, C-173/99, [2001] EUECJ C-173/99

Links:

Bailii

Statutes:

Council Directive 93/104/EC concerning certain aspects of the organisation of working time, Working Time Regulations 1998 (1998 No 1833) 13(7)

Cited by:

CitedMunro v M P B Structures Ltd IHCS 1-Apr-2003
The respondent firm paid their staff holiday pay by adding a proportion to each wage packet. The employee complained that this was in breach of the regulations.
Held: The Regulations gave effect to the directive. The directive treated holiday . .
Lists of cited by and citing cases may be incomplete.

Employment, European

Updated: 19 May 2022; Ref: scu.88660