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Law Cases
Labour Law Cases
Pay, Working Time and Conditions Cases

Gibson v East Riding of Yorkshire Council [2000] ICR 890

Country:
United Kingdom
By Oxbridge Law Team
Mummery LJ

  • Before directive was implemented, but after the implementation deadline, Plaintiff sued LA under article 7 of the directive (entitlement to paid leave, which LA didn’t give Plaintiff), claiming direct effect.

  • CA denied the action on the grounds that Article 7 didn’t have direct effect, saying it was too imprecise. 

Mummery LJ

  • The article leaves unanswered:

What is the period of “working time” for which the worker must have worked before he becomes entitled to annual leave under article 7 ? Annual leave is leave from “working time.” The concept of “working time” is not precisely defined.

  • Wrong- there is no suggestion that a person needs to have worked a certain period before acquiring this right. It could just be an automatic right upon entering the contract.

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