Skip over navigation

Search results for European ruling on holiday rights for the long-term sick

Subjects

Formats

Services

30 results found showing 1 - 20

  1. European ruling on holiday rights for the long-term sick

    ...long-term sick leave are entitled to full paid holiday rights.  The verdict clears up years of confusion on this issue, and is a particular victory for one group of UK Revenue and Customs staff who challenged the loss of their annual holiday following their enforced absence due to sickness.  The European Court of Justice ruling states:  “A worker does not lose his right to paid annual leave because of sickness and must be compensated for annual leave not taken.”The ruling reverses a Court of Appeal decision four years ago that decreed workers on long-term sickness could not claim holiday or h...

    News | 20 Jan 2009

  2. The long term sick must still have holidays

    © Workplace Law Group 2009 All rights reserved The long term sick must still have holidays The long term sick must still have holidays For years, employers have had to grapple with the uncertainty of whether workers can accrue and take paid holidays whilst absent on sick leave. The European Court of Justice (ECJ) has now handed down its judgment in two joined cases: Stringer and Schultz­Hoff. The ruling moves us nearer to a conclusion in what has proved to be a dilemma for the courts as well as employers. In summary, the ECJ has decided that when a worker is absent on sick leave, the...

    News analysis | 21 Jan 2009

  3. European ruling on annual leave could have significant implications for employers

    A ruling is currently being awaited from the Court of Justice of the European Union (CJEU) on whether a worker's annual leave entitlement can expire at the end of a holiday year or specified carry over period if it is not taken, even if that worker has been sick and absent from work, therefore accruing several years' holiday entitlement.   Owen Warnock, partner at law fir...

    Case | 4 May 2011

  4. Employers slam Euro ruling on sick leave and holiday pay

    Yesterday’s European Court ruling, allowing employees to accrue paid holidays during long-term sick leave, has received an angry response from business leaders.  Experts say the decision is likely to prove costly for employers, who already face expanded obligations in maternity rights and paid-leave entitlements. Und...

    News | 21 Jan 2009

  5. Survival of the fit note?

    ... September 2011 ­ London EU ministers have so far failed to reach agreement on the Pregnant Workers Directive. Ministers met in June to discuss the Progress Report on the Directive. Fourteen Member States, including the UK, intervened in the Progress Report and expressed their concerns about the European Parliament's proposals for 20 weeks of maternity leave at full pay. Discussions on the proposed Directive can go no further unless Ministers agree a Common Position. Employment Relations Minister, Edward Davey, said: "The fact that so many other Member States have echoed our worries sends a clear ...

    Magazine issue | 5 Jul 2011

  6. Sickness absence and holiday pay: Khan v. Martin McColl

    ...Khan case has provided some positive news for employers in that the Tribunal held that there are limits on employees' ability to build up an entitlement to payment in lieu of accrued holidays over an unlimited period. The legal position Pre-Khan In Stringer and Others v. HM Revenue and Customs the European Court of Justice (ECJ) held that workers on sick leave can carry over holidays they have accrued during sick leave into the next holiday year where they have not taken their holidays while on sick leave. In applying the ECJ's ruling into UK law, the House of Lords held that a claim for payment of o...

    News analysis | 9 Sep 2010

  7. Call for review of European Court sick leave rulings

    New rules on long-term sick leave are preventing businesses from employing new staff, according to the Federation of Small Businesses (FSB) as it released new survey figures today.   A European Court of Justice ruling in the Stringer v. HMRC case last year under the Working Time Directive means that statutory entitlement to paid annual leave will continue during long-term sick leave.  The FSB-ICM poll found that 71% of  the 1,400 respondents said the ruling will affect the way th...

    News | 13 Apr 2010

  8. Paid holiday – in sickness and in health? The debate goes on

    ...kers who have been off sick for the whole or part of a leave year are entitled to be paid in lieu of untaken holiday on termination of employment. The case began in the Employment Tribunal in 2002 and was appealed to the EAT, the Court of Appeal and the House of Lords, which made a reference to the European Court of Justice (ECJ). The ECJ gave judgment on 20 January 2009 and the case returned to the House of Lords. Disappointingly, the House of Lords judgment leaves crucial questions unanswered. The background The case concerned Inland Revenue employees who brought tribunal claims under the Working T...

    News analysis | 8 Jul 2009

  9. Landmark decision finds holiday can be accrued whilst on sick leave

    ...nt in lieu for outstanding holiday. HMRC said they were not entitled to payment as they had been on sick leave.  Although the UK Employment Tribunal and Court of Appeal had found that people had to take their holiday each year, and if they were on sick leave they didn’t get holidays as well, the European Court of Justice determined in January that the UK was wrong. According to the decision, any workers who are denied holiday pay could pursue a claim to an Employment Tribunal for unlawful deduction from wages, explains Caroline Carter, Head of Employment at law firm, Ashurst.  "The Stringer decis...

    Case | 10 Jun 2009

  10. 48: How the 48-hour working week could push employers to the max

    ...Certificate: choose your direction STUDY OVER 10 WEEKS Contents In this issue ... LATEST 05 EDITORIAL The worlds of health and safety, employment and premises management are forever changing, but it is not often we have a day where breaking news is quite as significant as on 17 December, when the European Parliament voted on proposed amendments to the Working Time Directive. CLASSROOM IN LONDON 22 FOCuS 12 48: puShING WORKING TImE TO ThE mAx? The European Parliament recently voted 421 to 273 in favour of amendments tabled for the Working Time Directive. However, this vote means that the working t...

    Magazine issue | 5 Feb 2009

  11. Facefacts: The real cost of social networking to your business

    ...2 Editor Kelly Mansfield T. 01223 431 054 Writer Claire Fuller Project Editor Alex Davies Design Gary Jobson Photography istockphoto.com Gary Jobson Production Controller Mike Horscroft Membership Services Manager Gillian Nightingale Publisher David Sharp T. 01223 431 050 Contributors Elaine Banton European Agency for Safety & Health at Work Heather Falconer Philip Jeffs Jeffrey Jupp Martin Newlan Printed by Warwick Printing Caswell Road, Leamington Spa, CV31 1QD Circulation 2,000 (ISSN 1745-0160) Workplace Law Magazine is published 10 times a year by Workplace Law Group. It is available by subscripti...

    Magazine issue | 16 Oct 2007

  12. Internships – Are you breaking the law?

    ...the Water Resources Act 1991, in relation to sewage entering the St James Stream. However, they had contested 11 charges of depositing waste in the gardens, garages and the allotments of local residents, under one house, and in the street. The matter has now been before the High Court twice and the European Court of Justice. A spokesperson for Thames Water told Workplace Law: "We defended our position to clarify the scope and CASES IN BRIEF Virgin Atlantic to pay compensation for RSI Two beauty therapists are to receive compensation from Virgin Atlantic after developing Repetitive Strain Injury from ...

    Magazine issue | 3 May 2011

  13. ETs on the rise

    ...ing to expand the system in due course. Ministers will also be tackling EU regulations and gold plating. The Government says it will engage earlier in the Brussels policy process; take strong cross-Government negotiating lines; and work to end so-called `gold-plating' of EU regulations so that when European rules are transposed into UK law it is done without putting British business at a competitive disadvantage to other European-based companies. 29604 workplace law human resources Latest HR news from workplacelaw.net ... NEWS IN BRIEF Strike action The CIPD has urged the Government to bolster emplo...

    Magazine issue | 1 Sep 2010

  14. Being sick is no holiday

    ...s ruling potentially increases employers costs with no benefit to workers' health and safety, which was the purpose behind the legislation," said Peter Schofield from the Engineering Employers' Federation. But lawyer John Hayes of Bracher Rawlins commented: "This is one of the only countries in the European Union where employees do not have the right to be paid at their ordinary rate of pay when they are off on sickness absence."

    Case | 18 Mar 2002

  15. The Diversity Dilemma

    ... average - 77% NGC3: Practical assessment Workplace Law pass rate - 98% National average - 90% 05 EDITORIAL The diversity dilemma. 06 LEGAL CALENDAR Key legislative dates taking place in winter 2009. hEALTh AND sAfETY uPDATE 07 NEWS "Stress epidemic" not caused by working conditions; and news on European Week for Safety and Health at Work. 24 15 COMMENT While the passing of the Agency Workers Directive has been seen as a defeat for business, it could spell the end of the flexible workforce, says Rebecca McGuirk. timely update on the legal issues to consider when drafting or reviewing your alcohol ...

    Magazine issue | 2 Nov 2009

  16. Headache? Try new and improved law and regulation!

    ...e code in the search box and link direct to the latest information www.workplacelaw.net Comment | The challenge to the default retirement age continues Members and affiliates share their thoughts and opinions ... The challenge to the default retirement age continues Susie Munro, Age Concern The European Court of Justice has recently published its decision in Age Concern's challenge to the Employment Equality (Age) Regulations 2006. Our case challenges the default retirement age (which allows employers to set their own mandatory retirement age at 65 or above), and the scope given to employers to ju...

    Magazine issue | 1 Apr 2009

  17. Soap star: The hygiene special issue

    ...elaw.net Please recycle this magazine when you have finished with it. www.workplacelaw.net 5 Latest | Legal calendar legal calendar Important diary dates for the months ahead... mARCh 2009 New Regulations for the progressive phasing out of incandescent light bulbs are due to be adopted by the european Commission. these regulations will set minimum energy efficiency and functionality requirements, and will also take into account consumer expectations in terms of aesthetics, functionality and health concerns. the phasing out will start in 2009 and will finish at the end of 2012. 17847 16 March AC...

    Magazine issue | 3 Mar 2009

  18. Employment Tribunals: back to the future?

    ...ers take leave from work during the first eight weeks following the birth of a new baby, with 71% taking at least two weeks' leave. The Government's decision to offer such a lengthy period of leave reflects it desire to bring the UK's paternity leave legislation into line with more forward thinking European neighbours. It has said that it is its intention to bring in these changes by the end of this parliament and has identified 1 April 2009 as the proposed date for its introduction. Fathers of children born on or after this date will be the first to enjoy the benefits of this new legislation. The pro...

    Magazine issue | 1 Jul 2007

  19. Directors' responsibilities for health and safety

    ...cent of the employees, subject to a minimum of 15 employees and a maximum of 2,500 employees. 5138 may The General Election will take place in May 2005, the result of which will determine whether promises made by Government in the Queen's Speech 2004, will be followed through. june 16th july The European Commission has revised its list of hazardous wastes and included a number of things not previously considered to be hazardous in the European Waste Catalogue, for example fluorescent tubes, computer monitors and batteries. Under the Hazardous Waste Regulations, the co-disposal of hazardous and nonh...

    Magazine issue | 1 Feb 2005

  20. Grinding to a halt: Why Government policy risks bringing business to a standstill

    ..." 31589 NEWS IN BRIEF Chemical rules New rules on the classification, labelling, packaging and notification of chemical substances have come into force. Within one month of placing a chemical substance on the market, all companies involved in their manufacture or import will now need to notify the European Chemical Agency for their inclusion in the new Classification and Labelling Inventory. 31556 istockphoto.com In the event of snow and ice conditions continuing, employers have been advised to take steps to prevent slips and falls on their property and to keep evidence of the precautionary steps t...

    Magazine issue | 4 Jan 2011

Top Info centre