Representation:

a waitress working on a casual 'as required' basis was held not to meet the requirement of 13 weeks' continuous employment set by Working Time Regulations 1998 (SI 1998/1833) reg 13(7) and so was not entitled to paid leave (note: until 25th October 2001 a worker had to have completed 13 weeks continuous employment before getting any entitlement to holiday under WT regs 1998, reg 13(7)). This provision was revoked with effect from 25th October 2001 by the Working Time (Amendment) Regulations 2001, SI 2001/3256).; and

Authority for the proposition that:-

Employment Rights Act 1996 s.224 (which relates to calculation of the rate of a week's pay where an employment has no normal working hours) has no bearing on the question of continuity of employment.

For relevant general notes see Continuous employment/meaning of and/or Working Time Regulations/holidays .