12/24/2023 0 Comments Worktime regulationsWhere a person works at night, they may only do 12 hours in any 24-hour period on average, or simply 12 hours at most is dangerous. Stringer v Revenue and Customs Commissioners (C-520/06) (2009) All ER (EC) 906 and Pereda v Madrid Movilidad SA (C-277/08) (2009) ECR I-8405 followed. NHS Leeds v Larner (2011) EAT, Bean J held that the entitlement to paid annual leave under WTR 1998 rr 13 and 13A for a worker who was absent for the whole year because of sickness did not depend on the worker submitting a request for that annual leave before the end of the pay year.Zentralbetriebsrat der Landeskrankenhäuser Tirols IRLR 631 (C-486/08) workers who move from full to part-time cannot lose their holiday entitlement.British Airways plc v Williams UKSC 16, 3 CMLR 19.The employer must make sure the worker does in fact take paid holidays, and if the worker has not done so and the job terminates, the employer must give an additional payment for the unused holiday entitlement. Nor is it possible for an employer to give a worker "rolled up holiday pay", for instance an additional 12.5% in a wage bill, in lieu of taking actual holidays. There is no qualifying period for this, or any other working time right, because beyond the importance of the law in seeking to strike a balance between work and life, sufficient periods of rest and leisure are seen as a critical element of workers health and safety. The most concrete measure of the WTR 1998 is, following basic rights in international law, mandating a minimum period of 28 days, or four full weeks, in paid holidays for all workers each year (though this includes public holidays). It had been a bank holiday since 1978, is one of 8 public holidays, and 28 days of total holiday every UK worker has under the Working Time Directive. Holidays May Day is a traditional Spring celebration and synonymous with International Workers' Day.
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