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Case report

2012-07-25

United Kingdom

2012/56 Annual leave untaken due to illness carried over automatically (UK)

A worker, who had not taken statutory annual leave because of long- term sickness absence, was entitled to carry the untaken leave forward to the next holiday year without making a prior request to do so. She could therefore claim payment in lieu for any unused statutory holiday on the termination of her employment.

Court of Appeal, 2012-07-25

Summary

2012-07-25

2012/56 Annual leave untaken due to illness carried over automatically (UK)

A worker, who had not taken statutory annual leave because of long- term sickness absence, was entitled to carry the untaken leave forward to the next holiday year without making a prior request to do so. She could therefore claim payment in lieu for any unused statutory holiday on the termination of her employment.

Court of Appeal, 2012-07-25

Case report

2011-12-07

United Kingdom

2012/12: Offshore workers can be required to take annual leave during onshore field breaks (UK)

Offshore workers in the oil and gas industry brought an action claiming that, in not being allowed to take annual leave during periods when they were rostered for offshore work, they were being denied their entitlement to annual leave under the Working Time Regulations 1998 (the “WTR”). The WTR implement the Working Time Directive 93/104/EC (now consolidated as Directive 2003/88/EC, the “WTD”). The Supreme Court rejected the employees’ argument and held that onshore field breaks could be used for statutory holiday entitlement. It also refused a request for a reference to the ECJ for a decision on the meaning of “annual leave” under the WTD.

UK Supreme Court, 2011-12-07

Summary

2011-12-07

2012/12: Offshore workers can be required to take annual leave during onshore field breaks (UK)

Offshore workers in the oil and gas industry brought an action claiming that, in not being allowed to take annual leave during periods when they were rostered for offshore work, they were being denied their entitlement to annual leave under the Working Time Regulations 1998 (the “WTR”). The WTR implement the Working Time Directive 93/104/EC (now consolidated as Directive 2003/88/EC, the “WTD”). The Supreme Court rejected the employees’ argument and held that onshore field breaks could be used for statutory holiday entitlement. It also refused a request for a reference to the ECJ for a decision on the meaning of “annual leave” under the WTD.

UK Supreme Court, 2011-12-07

Case report

2011-06-29

France

2011/51 Lump-sum agreements in days ("forfait-jours") validated under strict conditions (FR)

The French Supreme Court has validated the principle of lump sum agreements in days (forfait jours)1, despite opposition from the European Committee of Social Rights.

Cour de cassation (French Supreme Court), 2011-06-29

Summary

2011-06-29

2011/51 Lump-sum agreements in days ("forfait-jours") validated under strict conditions (FR)

The French Supreme Court has validated the principle of lump sum agreements in days (forfait jours)1, despite opposition from the European Committee of Social Rights.

Cour de cassation (French Supreme Court), 2011-06-29

Case report

2011-06-06

Belgium

2011/48 Inactive stand-by periods can be compensated differently from active working hours (BE)

Remuneration for stand-by periods, during which an employee is simply asked to be available by phone in order to answer urgent calls, without the obligation to be at a specific location or to perform his habitual tasks, need not be equivalent to the remuneration for active working hours.

Cour de cassation (Belgian Supreme Court), 2011-06-06

Summary

2011-06-06

2011/48 Inactive stand-by periods can be compensated differently from active working hours (BE)

Remuneration for stand-by periods, during which an employee is simply asked to be available by phone in order to answer urgent calls, without the obligation to be at a specific location or to perform his habitual tasks, need not be equivalent to the remuneration for active working hours.

Cour de cassation (Belgian Supreme Court), 2011-06-06

Case report

2011-03-14

Spain

2011/59: Employer must consider employee’s personal circumstances (SP)

An employer’s refusal to grant an employee’s request for a change in his working hours in order to achieve a better work-life balance must take into account the decision’s impact on the employee’s family. Failure to do so may amount to discrimination.

Tribunal Constitucional (Constitutional Court), 2011-03-14

Summary

2011-03-14

2011/59: Employer must consider employee’s personal circumstances (SP)

An employer’s refusal to grant an employee’s request for a change in his working hours in order to achieve a better work-life balance must take into account the decision’s impact on the employee’s family. Failure to do so may amount to discrimination.

Tribunal Constitucional (Constitutional Court), 2011-03-14