Subscribe or
Log in or register a user account with us to get the full benefits of your subscription.
A worker's entitlement to annual leave cannot be made subject to any preconditions whatsoever. Member states may set national rules on how the entitlement is actually exercised, but laws such as a requirement to actually work 10 days before the entitlement even arises breach the Working Time Directive.
Furthermore, the Working Time Directive has "direct effect" in national law, meaning that it can be directly enforced by public sector employees.
Subscribers to emplaw professional get full access to our news service, along with 5,000 pages of comprehensive, up-to-date information, covering all aspects of employment law in our Law Guide.
To read the full content of the above article, including links to relevant web sites and Law Guide pages, you can subscribe today to one of our daily, monthly or annual packages.
You can also sign-up to our e-PSL email newsletter, which will keep you up-to-date with the latest developments every week.
Court of Appeal upholds refusal to extend time: it is for an EAT judge to exercise the discretion as to whether or not to extend time for appeal; in the absence of his decision falling outside that scope, by being perverse or unreasonable, the Court of Appeal will not interfere.
POA challenges prohibition on right to take industrial action in ECtHR
A worker's entitlement to annual leave cannot be made subject to any preconditions whatsoever. Member states may set national rules on how the entitlement is actually exercised, but laws such as a requirement to actually work 10 days before the entitlement even arises breach the Working Time Directive.
Furthermore, the Working Time Directive has "direct effect" in national law, meaning that it can be directly enforced by public sector employees.
Whether an employer is vicariously liable for a criminal assault by one of his employees on another will depend on whether there is a sufficiently close connection between the assault and the employment (such as the spontaneous violent reaction to a lawful instruction given in the workplace). The principle of vicarious liability is limited as a matter of policy, and each case will turn on its own facts.
