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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

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime specialist joins as partner

Fieldfisher—Mark Shaw

Fieldfisher—Mark Shaw

Veteran funds specialist joins investment funds team

Taylor Wessing—Stephen Whitfield

Taylor Wessing—Stephen Whitfield

Firm enhances competition practice with London partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
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