The Employment Appeal Tribunal (EAT) agreed that under 16s were covered by the Children (Protection at Work) Regulations 1998, which gives young workers the right to two consecutive weeks of unpaid leave. “It's important as it clarifies the scope of the Working Time Regulations 1998,” said employment associate Helen Brooks, who advised on the case.
The tribunal ruled that the Working Time Regulations give young workers the right to paid annual leave only if they are over school-leaving age. The judgment comes as a relief to the 22,000 members of the federation and every other employer of part-time schoolchildren.
The case began in 2000 when a South Yorkshire paperboy claimed his employers had unlawfully deducted holiday pay from his wages. The EAT overturned an earlier Leeds tribunal ruling.
Charles Russell, led by head of employment David Green, instructed Laura Cox QC of Cloisters Chambers.