Ruled By Europe’s Highest Court Time Taken To Travel to Work Should Count As Work

Most people probably have no idea about Europe’s highest court – the – officially ruled that workers who fall sick on holiday or vacation can claim back annual leave from their employers. They also made a verdict that duration to move to and from work at the commencement and end of every day should count as working time under the law.

The European Court of Justice (ECJ) ruled that workers with no fixed office ought to be able to charge for the time such trips last, while at present they are not permitted to do so. This could mean that companies employing such personnel as gas fitter, electricians, sales reps and care workers could be in violation of European Union working time policy, if they decide to abandon a provincial office, for example.

The ECJ said it was defending the “health and safety” of staffs according to the European Union’s Working Time decree. The ruling orbits around a legal case in Spain concerning Tyco, the security systems company.

The ruling precisely said: “owing to the fact that the workers began and finish the trips at their different homes stems directly from the resolution of their employer to close down the regional offices and not from the wish of the workers.”

Regarding ill-pay? The scene is the case of Francisco Pereda, a congress worker from Madrid.

Just before his month-long holiday was due to start Pereda was wounded.

He took lawful action against his employer, Madrid Movilidad, because they declined to defer or postpone his annual leave.

The EU courts ruled in favor of pereda, saying he should have been permitted to holdup his holiday arrangements and postpone his leave for the next year.
Unison, the biggest and largest public sector union, in 2009 supported the judgment.

“If staffs are sick, then they are evidently not enjoying a holiday or vacation,” a spokes-rep told the Guardian at the period of time.

“They should be able to take their approved and agreed break when they recover.”

However, top professionals on employment law said there was a chance that workers might claim extra break time, even if they became unwell after their agreed leave had commenced.

At the CBI, Katja Hall the director of HR Policy, pointed out to the Telegraph that “many firms already take a reasonable and understanding stride.”

Allowing staffs or employees to re-systematize their personal break as sick leave open the door to abuse.


At law firm Eversheds, A partner agreed, and told the Guardian: “the chance of abuse is apparent – a worker or an employee could increase his or her holiday right by make sure that in most years they assumed they were ill while on holiday.”

He said most employers’ present mind-set can be summed up as “bad luck” if workers if they get sick while on holiday.

That is to say, you’re not allowed to get extra vacation if you contract a sickness even though you are already on leave.

But the ruling doesn’t state when the worker should inform the employer about sickness or injuries, or what evidence they might need.

It simply state that if an “employee or staff does not desire to receive annual leave during a period, sick leave, or annual leave must be given to him for a distinctly different time and period”.

It’s more or less a new elucidation of the European Working Time Directive on employees’ hours, which already applies across the whole United Kingdom public and private sector.

Obviously, employers’ or company’s representatives haven’t exactly been jumping for happiness.

Consequences could be “highly disadvantageous”, says the Federation of Small Businesses (FSB).

The  (CIPD) said, the judgment is “separated and alienated from the real world,”

Talking of separation, it’s still uncertain whether this verdict, or any European working orders, will apply after Brexit.

And we may be not likely to find out.

Labour importune Theresa May with this question, in a list of one hundred and seventy questions about planes and strategy for post-Brexit Britain this week.

The list, put together by Labour’s shadow distant Secretary and secret Brexit Secretary, was sent to Brexit assistant David Davis.

The bureaucrat response from a traditional speaker? It’s not in the “public interest” to give a “running annotations” on dialogue.