header-logo header-logo

16 October 2009 / Ben Collins
Issue: 7389 / Categories: Features , Employment
printer mail-detail

A smart decision?

Pereda is causing major concerns for employers, says Ben Collins

Employers smarting after the decision of the European Court of Justice (ECJ) in Stringer v HMRC; Schultz-Hoff v Deutsche Rentenversicherung Bund joined cases C-520/06 and C-350/06 [2009] IRLR 214 will be further concerned by the ECJ’s most recent observations on the Working Time Directive in Pereda v Madrid Movilidad SA: C-277/08.

Indeed even employees may find it difficult to decide how to manage their annual leave entitlements—the decision in Pereda is difficult to reconcile either with Stringer or the Working Time Regulations 1998 (SI 1998/1833) (WTR).

Stringer

Stringer laid great emphasis on the importance of the right to paid annual leave, which has been described by the ECJ as “a particularly important principle of Community social law from which there can be no derogations” (see BECTU C-173/99; [2001] IRLR 559; and Merino Gomez C-342/01; [2004] IRLR 407—as well as Stringer and Pereda). It stressed in particular the different purposes of annual leave (rest, relaxation and leisure) and sick leave (recovery from ill health).

As

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Foot Anstey—Jasmine Olomolaiye

Foot Anstey—Jasmine Olomolaiye

Investigations and corporate crime expert 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 Supreme Court has delivered a decisive ruling on termination under the JCT Design & Build form. Writing in NLJ this week, Andrew Singer KC and Jonathan Ward, of Kings Chambers, analyse Providence Building Services v Hexagon Housing Association [2026] UKSC 1, which restores the first-instance decision and curbs contractors’ termination rights for repeated late payment
Secondments, disciplinary procedures and appeal chaos all feature in a quartet of recent rulings. Writing in NLJ this week, Ian Smith, barrister and emeritus professor of employment law at UEA, examines how established principles are being tested in modern disputes
The AI revolution is no longer a distant murmur—it’s at the client’s desk. Writing in NLJ this week, Peter Ambrose, CEO of The Partnership and Legalito, warns that the ‘AI chickens’ have ‘come home to roost’, transforming not just legal practice but the lawyer–client relationship itself
A High Court ruling involving the Longleat estate has exposed the fault line between modern family building and historic trust drafting. Writing in NLJ this week, Charlotte Coyle, director and family law expert at Freeths, examines Cator v Thynn [2026] EWHC 209 (Ch), where trustees sought approval to modernise trusts that retain pre-1970 definitions of ‘child’, ‘grandchild’ and ‘issue’
Fresh proposals to criminalise ‘nudification’ apps, prioritise cyberflashing and non-consensual intimate images, and even ban under-16s from social media have reignited debate over whether the Online Safety Act 2023 (OSA 2023) is fit for purpose. Writing in NLJ this week, Alexander Brown, head of technology, media and telecommunications, and Alexandra Webster, managing associate, Simmons & Simmons, caution against reactive law-making that could undermine the Act’s ‘risk-based and outcomes-focused’ design
back-to-top-scroll