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

Clyde & Co—Suriya Ashok

Clyde & Co—Suriya Ashok

Clyde Co strengthens energy transition and construction offering with hire of Suriya Ashok

Jurit—Nicole Gallop Mildon

Jurit—Nicole Gallop Mildon

Jurit appoints rare dual-qualified lawyer to expand Anglo-French private wealth expertise

NEWS
The Financial Reporting Council’s revised Audit Enforcement Procedure will alter the balance of power in corporate investigations
A telecoms operator may be able to hold over under the Landlord and Tenant Act 1954, yet still be unable to secure a renewal: an outcome described as a legal ‘paradox’

Safety fears do not automatically justify shutting an interested person out of a statutory will application

Consumer credit law is heading for its biggest shake-up in 50 years, with the Consumer Credit Act 1974 set to yield much of its detailed statutory machinery to FCA rules
The Supreme Court has settled a long-running dispute over part-time workers: unfavourable treatment need be a significant or effective cause, not the sole cause
back-to-top-scroll