The CJEU held that the Working Time Directive requires that if a worker does not exercise the right to paid annual leave in any year, leave should not automatically be lost unless the employer has 'diligently' brought it to the worker's attention that leave will be lost, the burden of proof falling on the employer. Employers need not require employees to take leave, but must inform them accurately and in good time of the right. Furthermore, although the employer was a private institution, the right to paid leave was still enforceable between private parties, rather than only against State bodies, although it comes from a Directive, as the right to annual leave is in the EU Charter.
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Part-time workers and pension accrual 13 November 2018
The CJEU has held that service before the deadline for implementation of an anti-discrimination directive, does count for calculating a pension.
With thanks to Daniel Barnett’s employment law bulletin for providing this case summary.
The case O'Brien v Ministry of Justice (MoJ) is likely to signal the end of the long running judicial pension claims.
A previous appeal to the Supreme Court and referral to the CJEU had decided that part-time judges were entitled to a pro rata pension. When that case was sent back to the employment tribunal for calculation of the amount, the MoJ argued that only time spent after 7th April 2000 (the final implementation date for the Part-time Work Directive) was to count.
The tribunal rejected this argument but the MoJ won on appeals to the EAT and Court of Appeal. The Supreme Court referred the matter to the CJEU who decided that:
"in a situation...in which the accrual of pension entitlement extends over periods both prior to and after the deadline for transposition of [a directive]...the calculation of those rights is governed by the provisions of that directive, including with regard to the periods of service prior to its entry into force."
The CJEU went on to decide that people who retired before 7th April 2000 would not be covered by the Directive. That was where the cut off should be drawn.
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Ruling upheld that Addison Lee couriers were workers 7 December 2018
The Employment Appeal tribunal (EAT) has upheld the ruling that the claimants (couriers) in the Addison Lee Ltd v Lange & Ors case were limb (b) workers and that, as such, they were entitled to holiday pay and to the national minimum wage.
The EAT has also upheld the ruling that time when the drivers were logged on to the Respondent's system, other than break times, was working time.
Both appeals were dismissed.
Employment cases update provides the background:
The Respondent carries on business as a professional private hire firm, using about 4,000 drivers to service the needs of both commercial and private customers. Every driver was given a hand-held computer known as an XDA. When ready to work the driver would use the XDA to log on to the Respondent's computerised system from the vehicle.
The Chartered Institute of Payroll Professionals
Payroll: need to know
cipp.org.uk
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