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22 July 2010 / Ian Smith
Issue: 7427 / Categories: Features , Employment
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Working time?

Ian Smith tackles the thorny issue of holidays & accrual rights

The decision of the European Court of Justice (ECJ) in Zentralarbeitsreibsrat der Tirols v Land Tirol: C-486/08 [2010] IRLR 631, though formally taken under the directives on part-time and fixed-term working, involves a point of significance to working time law on holidays; the point is a narrow one, applying to one specific factual possibility, but could lead to one of the regulations on domestic working time having to be read in the light of it.

Legality

The case concerned three queries as to the legality of certain Austrian labour laws on hospital workers. The third concerned holiday entitlements where a worker moves from full-time to part-time working, part of the way through the holiday year. The Austrian provision stated that in such a case, if the worker had untaken leave from the full-time working it could be pro-rated down to the part-time level if then taken while working part-time. The ECJ held that this offended the protection given by the Part-time Worker Directive 99/23

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NEWS
The government has pledged to ‘move fast’ to protect children from harm caused by artificial intelligence (AI) chatbots, and could impose limits on social media as early as the summer
All eyes will be on the Court of Appeal (or its YouTube livestream) next week as it sits to consider the controversial Mazur judgment
An NHS Foundation Trust breached a consultant’s contract by delegating an investigation into his knowledge of nurse Lucy Letby’s case
Draft guidance for schools on how to support gender-questioning pupils provides ‘more clarity’, but headteachers may still need legal advice, an education lawyer has said
Litigation funder Innsworth Capital, which funded behemoth opt-out action Merricks v Mastercard, can bring a judicial review, the High Court ruled last week
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