header-logo header-logo

22 July 2010 / Ian Smith
Issue: 7427 / Categories: Features , Employment
printer mail-detail

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

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

Gateley Legal—Caroline Pope & Bob Maynard

Gateley Legal—Caroline Pope & Bob Maynard

Construction team bolstered by hire of senior consultant duo

Switalskis—four appointments

Switalskis—four appointments

Firm expands residential conveyancing team with quadruple appointment

mfg Solicitors—Claire Pope

mfg Solicitors—Claire Pope

Private client team welcomes senior associatein Worcester

NEWS
What safeguards apply when trust corporations are appointed as deputy by the Court of Protection? 
Disputing parties are expected to take part in alternative dispute resolution (ADR), where this is suitable for their case. At what point, however, does refusing to participate cross the threshold of ‘unreasonable’ and attract adverse costs consequences?
When it comes to free legal advice, demand massively outweighs supply. 'Millions of people are excluded from access to justice as they don’t have anywhere to turn for free advice—or don’t know that they can ask for help,' Bhavini Bhatt, development director at the Access to Justice Foundation, writes in this week's NLJ
When an ex-couple is deciding who gets what in the divorce or civil partnership dissolution, when is it appropriate for a third party to intervene? David Burrows, NLJ columnist and solicitor advocate, considers this thorny issue in this week’s NLJ
NLJ's latest Charities Appeals Supplement has been published in this week’s issue
back-to-top-scroll