Gibson v East Riding of Yorkshire Council [2000] ICR 890
Judgement for the case Gibson v East Riding of Yorkshire Council
Table Of Contents
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.
For Further Study on Gibson v East Riding of Yorkshire Council
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