LIST OF CASES / Ashby v Addison and another (Brayton News) EAT 2003

[2003] ICR 667, EAT on 17th January 2003

NOTES

Addison (t-a Brayton News) v Ashby, EAT on 17th January 2003, reported at [2003] ICR 667 (also reported at [2003] All ER (D) 98 and Times Law Reports, 24th January 2003 and at [2003] IRLR 211).

The full text judgment is available free of charge on the BAILII website

Representation:

Ms Laura Cox QC and Mr Thomas Kibling instructed by Messrs Charles Russell Solicitors, 8-10 New Fetter Lane, London EC4A 1RS for Mr and Mrs Addison

Ms Naomi Cunningham instructed by the Free Representation Unit, Peer House, 4th Floor, 8-14 Verulam Street, London WC1X 8LZ for Mr Ashby

Authority for the proposition that:-

children of compulsory school age do not have the right to paid annual holiday under the EC Working Time Directive (93/104/EEC) art 7 or the UK Working Time Regulations 1998 (SI 1998/1833) reg 13.

However for each year of employment they do have the right to at least two consecutive weeks without employment during school holidays (EC Young Persons' Directive 94/33/EC art 11 and Children and Young Persons Act 1933, s.18(1)(j)).

For relevant general notes see Working Time Regulations/problem areas and/or Working Time Regulations/holidays and/or Children and young persons/Working Time 15 and over and/or Children and young persons/Working Time under 15 .

FINISH>
prepared Jan2003.