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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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MOVERS & SHAKERS

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Switalskis—Sally Ann Masih, Suzy Overton & Jane Beaumont

Trio of recruits strengthens Switalskis residential property team

Ward Hadaway—Steven Hayward

Ward Hadaway—Steven Hayward

Birmingham law firm appoints construction partner

Flint Bishop—six appointments

Flint Bishop—six appointments

Flint Bishop accelerates Northern growth through strategic senior appointments

NEWS
A High Court decision has clarified that a home may be unfit for human habitation not only where conditions endanger health or safety, but also where they seriously undermine comfort and convenience

A longer time limit for employment tribunal claims, new charity law thresholds, property tribunal recruitment and appellate guidance on small-claims costs feature in the latest Civil Way round-up

A recent High Court ruling could make issue estoppel considerably more complex in cross-border litigation, requiring parties to consider the foreign law governing the underlying claim
The Supreme Court has overturned Cheshire West’s bright-line test for deprivation of liberty, replacing it with a broader, more contextual assessment that gives greater weight to an individual’s wishes, feelings and apparent consent
Jonathan Fisher KC’s wide-ranging fraud report contains worthwhile proposals, but turning them into workable reform will require money, capacity and political will
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