(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive.
Held: The workers were so entitled. The right to holiday was a basic right guaranteed to every worker whatever his state of health. The worker’s normal remuneration, which had to be maintained during the rest period corresponding to the paid annual leave, was also decisive as to the calculation of the allowance in lieu of annual leave not taken by the end of the employment relationship.
Judges:
V Skouris, President and Judges P. Jann, C. W. A. Timmermans, A. Rosas, K. Lenaerts, A. O Caoimh, K. Schiemann, J. Makarczyk, P. Kuris, E. Juhasz, G. Arestis, E. Levits and L. Bay Larsen Advocate-General V. Trstenjak
Citations:
[2009] EUECJ C-350/06, [2009] EUECJ C-520/06, [2009] IRLR 214, C-350/06, C-520/06, [2009] WLR (D) 13
Links:
Statutes:
Jurisdiction:
European
Citing:
Opinion – Stringer and Others v Her Majesty’s Revenue and Customs ECJ 24-Jan-2008
Europa Directive 2003/88/EC Organisation of working time Article 7 – Right to a minimum period of paid annual leave Entitlement to an allowance in lieu Fundamental social rights in Community law Grant of annual . .
Cited – Merino Gomez v Continental Industrias del Caucho SA ECJ 18-Mar-2004
Where the dates of a worker’s maternity leave coincided with those of the general annual leave fixed, by a collective agreement, for the entire workforce, the requirements of the Working Times Directive relating to paid annual leave could not be . .
Opinion – Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy) ECJ 24-Jan-2008
ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the . .
At EAT – Commissioners of Inland Revenue v Ainsworth, Kilic, Stringer, Thwaites EAT 4-Feb-2004
EAT Working Time Regulations – Holiday pay . .
See Also – Inland Revenue v Ainsworth and others CA 22-Apr-2005
The court considered the calculation of hours under the Regulations when the employee was on extended sickness leave of absence.
Held: Once an employee had exhausted their sick pay entitlement, it was not open to them in addition then to claim . .
See Also – Schultz-Hoff v Deutsche Rentenversicherung Bund (Social Policy) ECJ 24-Jan-2008
ECJ Directive 2003/88/EC working time arrangements Article 7 Right to paid annual leave minimal right of the compensatory leave not taken Fundamental social rights in Community law Loss of entitlement to the . .
Cited by:
At ECJ – Revenue and Customs v Stringer, Ainsworth and Others HL 10-Jun-2009
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
Lists of cited by and citing cases may be incomplete.
European, Employment
Updated: 24 July 2022; Ref: scu.332849