ECJ makes employment law ruling

Posted 25/06/2012

The European Court of Justice (ECJ) has ruled individuals who are injured or fall ill while on holiday will be able to claim back the paid leave at a later date.In a major change to employment law, it was revealed by the ECJ that the ruling will be binding throughout the whole of the European Union.It comes as a result of a Spanish trade union case brought against a department store chain and the ECJ revealed the decision was made due to the fact that the purpose of entitlement to paid annual leave “is to enable the worker to rest and enjoy a period of relaxation and leisure”.As they cannot do so if they are ill or injured, they will now be allowed to reclaim the paid leave from their employer.”The purpose of entitlement to sick leave is different,” added the ECJ, because it enables a member of staff to recover “from an illness that has caused them to be unfit for work”.Ensuring EU law is interpreted to make sure it is applied in the same way in all EU countries is the main role of the ECJ.Posted by Ross Strowger