Podcast Location:
Download it here [file size: 27.7 MB]
Categories:
Employment Law
CPD Points:
Up to 1 point. details »

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Regulated by the Solicitors Regulation Authority:
Listen and pass the quiz: Gain 1 CPD point (60 minutes)
Listen only, gain ½ a CPD point (30 minutes)

Regulated by the Bar Standards Board:
Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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Cost:
  • FREE
Length:
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Contributor(s):
Course Aims:

This podcast aims to examine how the Working Time Regulations have been affected as a result of the recent cases of Stringer and Pereda.

Outcomes:
After completing the course you will:
  • Know where the right to take annual leave is derived from;
  • Understand that regulation 30 handles remedies;
  • Know whether there is a remedy for failing to make a payment in respect of periods of annual leave;
  • Understand the key rulings that took place before Stringer;
  • Know how Stringer was handled in the ECJ;
  • Know a summary of the ECJ's ruling;
  • Understand how the House of Lords regarded the case of Stringer;
  • Know the facts of Pereda and what conclusions were reached;
  • Appreciate the impact the cases will have on the regulations;
  • Understand the rules surrounding career breaks and the authorities that surround them Know how the House of the Lords regard the issue of time limits;
  • Appreciate what happens when employees do not apply to take annual leave.
Level:
Intermediate Difficulty: 3 of 5
Classification:
Case Update
Sources and References:
  • Working Time Regulations 1988;
  • List Design v Cantley [2003] IRLR 14;
  • Canada Life v Gray [2004] ICR 673;
  • Kigass Aero Components v Brown [2002] IRLR 312;
  • R v Secretary of State for Trade & Industry ex parte BECTU [2001] IRLR 559;
  • Merino Gomez v Continental Industrias del Caucho SA [2004] IRLR 407;
  • British Airways v Williams [2009] EWCA Civ 281;
  • Attridge Law v Coleman EAT 14 July 2009;
  • Curr v Marks and Spencer PLC [2003] IRLR 74;
  • Employment Rights Act 1996;
  • Coors Ltd v Adcock [2007] EWCA Civ 19;
  • Group 4 Nightspeed v Gilbert [1997] IRLR 398;
  • Miles v Linkage Community Trust Ltd [2008] IRLR 602.

In this CPDcast Ben Collins, a barrister at 1 Crown Office Row, examines the effect of Stringer and Pereda on the Working Time Regulations. He considers what the decisions say about the operation of the Working Time Directive; what impact they will have on the interpretation and status of the Working Time Regulations, what their effect may be upon existing legislation and finally what the future holds in store.

Podcast last reviewed: 2012-04-02

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