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Gibson v East Riding of Yorkshire Council

[2000] ICR 890

Case summary last updated at 19/02/2020 20:37 by the Oxbridge Notes in-house law team.

Judgement for the case Gibson v East Riding of Yorkshire Council

Before directive was implemented, but after the implementation deadline, P sued LA under article 7 of the directive (entitlement to paid leave, which LA didn’t give P), 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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