From 31 July 2009, the average maximum working week for doctors in training reduced from 56 hours to 48 hours. However, in order to enable certain parts of the National Health Service to deliver adequate health service and medical care, the Working Time Regulations 1998 were amended, with effect from 1 August 2009, so that an average 52-hour week maximum applies to doctors in training in specified employments. The employer, specialist service, grade and, in some cases, rota, to which the 52-hour limit applies are listed in a new Schedule to the 1998 Regulations.
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Posted October 28th, 2009 | No Comments »
On 10 September 2009, in a relatively short decision in the case Francisco Vicente Pereda v Madrid Movilidad SA, the European Court of Justice (ECJ) ruled that, where a worker falls sick during paid holiday leave, the worker is entitled to take the paid leave at another time, in the current or next holiday year.
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Posted September 16th, 2009 | No Comments »
From 31 July 2009, the average maximum working week for doctors in training reduces from 56 hours to 48 hours. However, in order to enable certain parts of the National Health Service to deliver adequate health service and medical care, the Working Time Regulations 1998 are amended so that an average 52-hour week maximum applies to certain doctors in training from 1 August 2009 until 31 July 2011.
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Posted July 8th, 2009 | No Comments »
The contentious issues raised in the case Revenue & Customs v Stringer and Others were first raised in 2002 and it was only on 10 June 2009 that the Law Lords brought them to a conclusion. However, although the legal issues may be settled, the potentially costly implications for employer are far from resolved.
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Posted June 17th, 2009 | No Comments »
In December 2008, the European Parliament failed to achieve a majority vote that would have compelled the European Commission to make provision for phasing out the opt-out from the average 48-hour week.
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Posted May 11th, 2009 | No Comments »
On 3 April 2009, the Court of Appeal overturned the decisions by both an employment tribunal and the Employment Appeal Tribunal, ruling that there is no requirement for the holiday pay of aircraft pilots to be calculated according to the statutory “week’s pay” rules.
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Posted April 20th, 2009 | No Comments »
On 16 December 2008, the European Parliament voted in favour of amendments to the European Working Time Directive that would, among other changes, phase out the opt-out from the average 48-hour working week. By so doing, the Parliament rejected the common position that had earlier been agreed by the EU Council of Ministers.
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Posted February 23rd, 2009 | No Comments »
In the case Commissioners of Inland Revenue v Ainsworth and Others, the Court of Appeal, in April 2005, ruled that
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Posted February 2nd, 2009 | No Comments »
As generally expected, the European Parliament voted on 16 December to adopt an amendment to the European Working Time Directive that would phase out the opt-out from the 48-hour average working week within three years. The votes were 421 votes in favour, 273 against and 11 abstentions.
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Posted December 29th, 2008 | No Comments »
In June 2008, the EU Employment and Social Affairs Council adopted a common position on the opt-out from the 48-hour week and on what constitutes on-call time – two contentious matters that the governments of the EU states have been arguing over since the UK’s opt-out expired in November 2003. The compromise would allow the opt-out to continue but with new upper limits and other restrictive conditions. The agreement was subject to the approval of the European Parliament.
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Posted November 17th, 2008 | No Comments »
