In The Press » Jan 25th 2012 - Latest ECJ Judgment - A grudge against employers
Jan 25th 2012 - Latest ECJ Judgment - A grudge against employers
Latest ECJ Judgment - A grudge against employers
'...UKIP's Derek Clark hits out as EU strikes another blow against small businesses ...'
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UK Independence Party
From the Office of Derek Clark, MEP, East Midlands
Rowan House, 23 Billing Road, Northampton NN1 5AT
Tel: 01604 620064 Fax: 01604 636002
Email: mep@derekclarkmep.org.uk
January 25, 2012
Ref: 073
Judges in Luxembourg yesterday struck another blow against small business, said Derek Clark MEP, the UKIP Employment spokesman.
The judgment in the case of a woman who, through injury, was absent from work for 14 months, means those who have not worked have as much right to annual holiday as those who have.
The East Midlands MEP said: "It is as if these EU judges have a grudge against employment and employers. It took centuries for people to get statuary support for paid holiday, all right and proper, because it was only fair that somebody gets paid leave after months of hard work.
"But to demand that employees should get paid leave, whether or not they have worked at all in the year, preceding is against both natural justice and common sense."
The judges said: "Also, since Directive 2003/88 does not make any distinction between workers who are absent from work on sick leave during the reference period and those who have in fact worked in the course of that it follows that, with regard to workers on sick leave which has been duly granted, the right to paid annual leave conferred by that directive on all workers cannot be made subject by a Member State to a condition that the worker has actually worked during the reference period laid down by that State".
Mr Clark continued: "To any reasonable person the idea of paid leave rather suggests that the worker has indeed worked, but this is no longer the case in the Alice in Wonderland world of the EU."
Mr Clark is a member of the European Parliament's Employment and Social Affairs Committee.
Notes:
ECJ Judgement -
Court Report -
http://www.solicitorsjournal.com/story.asp?sectioncode=2&storycode=19488&c=1
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Special Note: "The Debate is not Over" is a leaflet put out by Derek clark MEP and Godfrey Bloom MEP. This leaflet was handed out at the 2009 Party Conference and contains an incorrect email address for Derek Clark. Anyone wishing to email the office of Derek Clark MEP should email: