Sumsion v. BBC (Scotland) [2007] UKEAT 0042_06_2103 (21 March 2007)

Sumsion v. BBC (Scotland) [2007] UKEAT 0042_06_2103 (21 March 2007)

The employer was entitled under the Working Time Regulations 1998 to require the claimant to take annual leave on specified Saturdays, as the contract required availability for work on those days. There is no restriction in the regulations or the parent directive preventing leave being given or taken in single days or on any particular day of the week, including Saturdays. The arrangement did not constitute a sham and fulfilled the statutory requirements.

Citation
[2007] UKEAT 0042_06_2103
Parties
Appellant: Mr Sumsion; Respondent: BBC
Jurisdiction
United Kingdom
Judgment Date
21 March 2007
Procedural Posture
Employment Appeal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Working Time Regulations, Annual Leave, Employment Contracts, Statutory Interpretation
Employment Law Working Time Regulations Annual Leave Employment Contracts Statutory Interpretation

Case Brief

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Parties

Mr Sumsion

Appellant

BBC

Respondent

Procedural Posture

Employment Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether an employer can require an employee to take annual leave on days when the employee would not otherwise be required to work, specifically Saturdays, under the Working Time Regulations 1998.

Ratio Decidendi

The employer was entitled under the Working Time Regulations 1998 to require the claimant to take annual leave on specified Saturdays, as the contract required availability for work on those days. There is no restriction in the regulations or the parent directive preventing leave being given or taken in single days or on any particular day of the week, including Saturdays. The arrangement did not constitute a sham and fulfilled the statutory requirements.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.