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12 February 2009 / Ian Smith
Issue: 7356 / Categories: Features
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Hitting the buffers

Ian Smith reflects on the unstoppable tide of EC law on health, happiness and TUPE

'The buffers are hit under UK law if there is no time left, because the illness has continued past the end of that holiday year'

Stringer v HMRC C-520/06 is the long-awaited decision of the European Court of Justice (ECJ) in the “Ainsworth” litigation on the position of a person on long-term sickness absence, in relation to statutory holidays under the Working Time Regulations 1998 (SI 1998/1833). It was remitted by the House of Lords (to whom it must now return) and was heard alongside a German case (Schutz-Hoff C-350/06). Th e German case raised essentially the same points, but with one slight complication (which appears at certain points in the judgment); German law allows an employee to carry forward unused holiday entitlement past the end of the holiday year, but only for a period of three months (referred to in the judgment as the “carry-over period”). UK law (in Reg 13(9)(a)) enacts a complete ban on carrying forward, though this

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NEWS
Contract damages are usually assessed at the date of breach—but not always. Writing in NLJ this week, Ian Gascoigne, knowledge lawyer at LexisNexis, examines the growing body of cases where courts have allowed later events to reshape compensation
The Supreme Court has restored ‘doctrinal coherence’ to unfair prejudice litigation, writes Natalie Quinlivan, partner at Fieldfisher LLP, in this week' NLJ
The High Court’s refusal to recognise a prolific sperm donor as a child’s legal parent has highlighted the risks of informal conception arrangements, according to Liam Hurren, associate at Kingsley Napley, in NLJ this week
The Court of Appeal’s decision in Mazur may have settled questions around litigation supervision, but the profession should not simply ‘move on’, argues Jennifer Coupland, CEO of CILEX, in this week's NLJ
A simple phrase like ‘subject to references’ may not protect employers as much as they think. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, analyses recent employment cases showing how conditional job offers can still create binding contracts
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