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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

Katten Muchin Rosenman—Charlotte Hill

Katten Muchin Rosenman—Charlotte Hill

Katten strengthens financial markets and funds group in London

Hugh James—Keith Cundall & Lee Hart

Hugh James—Keith Cundall & Lee Hart

Hugh James expands national Serious Injury team with two new Partners

HFW—Rémi Ducloyer

HFW—Rémi Ducloyer

HFW continues Paris office growth with public law Partner hire

NEWS
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The assisted dying debate returns to Westminster as Lauren Edwards MP reintroduces legislation that stalled in the House of Lords last session despite clearing the Commons
A little-noticed provision of the Crime and Policing Act 2026 has fundamentally expanded corporate criminal liability
Artificial intelligence is transforming legal practice, but careless reliance on it is creating growing professional risks
The law offers cohabiting couples surprisingly greater protection after one partner dies than when they separate during life
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