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Advant Beiten | European Union, Germany | 22 Aug 2022

Vacation in quarantine? - The ECJ will now decide

Federal Labour Court of 16 August 2022 in Case No. 9 AZR 76/22 (A) The Federal Labour Court (Bundesarbeitsgericht, BAG) submitted a question to the…
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Lewis Silkin LLP | United Kingdom | 27 Jul 2022

Holiday pay for part-year workers should not be pro-rated

The Supreme Court has ruled that the paid holiday entitlement of part-year workers should not be pro-rated for the weeks that they do not usually work. This means that the 12.07% method for calculating the holiday pay hours of casual workers on permanent contracts is no longer a valid approach. Now may be a good time for the government to consider allowing rolled-up but separately itemised......
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Lewis Silkin LLP | United Kingdom | 9 Feb 2022

Pimlico Plumbers part two: compensation for unpaid holiday throughout engagement

In a decision with major implications across the gig economy and beyond, the Court of Appeal has ruled that workers who were incorrectly classified as independent contractors and were not paid for holiday can claim compensation for the whole period of their engagement. The question of how much compensation a worker is entitled to in this situation has been considered in several recent cases.
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Bryan Cave Leighton Paisner LLP | European Union, United Kingdom | 5 Oct 2021

UK HR two minute monthly: October

Absence of appeal in unfair dismissal cases, the concept of "working time" under the Working Time Directive and part‑time workers. The Court of…
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Mette Klingsten Advokatfirma | Denmark, European Union | 5 Jan 2021

Registrering af arbejdstid

De danske regler om arbejdstid bygger hovedsageligt på EU’s arbejdstidsdirektiv og på arbejdsmiljøloven. Herudover er der i en række kollektive…
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Littleton Chambers | European Union, United Kingdom | 10 Sep 2019

CCOO: The CJEU sets the working time cat amongst the pigeons

After the recent and protracted litigation as regards holiday entitlement and the extent to which voluntary overtime needed to be included in the…
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Clyde & Co LLP | United Kingdom | 12 Aug 2019

A holiday pay windfall for “part-year” workers?

In an important decision, the Court of Appeal has ruled that holiday pay for a teacher who worked irregular hours on a permanent term-time, or…
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SKW Schwarz | European Union, Germany, Spain | 5 Jul 2019

Is it mandatory for Employers to Record Working Time?

As part of a dispute with a Spanish trade union, the Spanish subsidiary of a German financial institution had raised the question of…
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Addleshaw Goddard LLP | United Kingdom | 2 Jul 2019

Court of Appeal rules that voluntary overtime payments should be reflected in holiday pay

The Court of Appeal has upheld an EAT decision that the Working Time Directive gives rise to an entitlement to have voluntary overtime payments…
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Bird & Bird LLP | United Kingdom | 2 Jul 2019

Latest Employment Law case updates - Edition 6 2019

The Court of Appeal has confirmed that entirely voluntary overtime payments should be factored into the calculation of holiday pay where they are…
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