Edward des Clayes

Edward des Clayes, born April 29, 1987, was a British paperboy who, in 2002, challenged his employers at the employment tribunal, in order to secure paid holidays for himself and hundreds of paperboys and papergirls across the country, and Europe. He is widely regarded as one of the youngest champions of British workers' rights.

Brief history

Edward was an average young teenager, living in Sheering, Essex. At the time of the case, he was attending The Leventhorpe School in Sawbridgeworth, and delivered the weekly newspaper the "Harlow Star". He started a paper round at Herts & Essex Newspapers Ltd, and was paid £12 for a two-and-a-half hour route.

In 2002, after watching an episode of "Short Change", in which it was mentioned that under the European Working Time Directive, all workers were allowed four weeks paid leave every year, he decided to take this advice from the programme to heart and asked his employer for said leave. When this was refused, Edward decided to take the matter further. On 16 April, 2002, Edward launched a groundbreaking fight to get paid holidays for his paper round, by bringing his case to the attention of the employment tribunal in Stratford, East London.

Reaction

This legal action caused a strong reaction from Graham Judge, who represented the Newspaper Group, who stated that the 1998 European Working Time Directive, which states everyone should have four weeks paid holiday, "makes no reference to children". He also referred to the then Trade and Industry Minister, Ian McCartney, who, in the House of Commons in March 1999, stated that the 1998 European Working Time Directive "makes no reference to children". He also added that Protection of Young Children Directive stated employers must provide schoolchildren below the age of 15 with an unpaid two-week period free of any work. [http://news.bbc.co.uk/1/hi/england/1938632.stm]

Represented by his father, Steve Des Clayes, who, in retaliation, stated that Mr Judge had no evidence on which to base his claims that the European Working Time Directive didn't apply to children under 15. He argued that there was no justifiable reason why working time regulations could not be applied to children. Edward himself stated that the law did not have a specific age limit applied to it, and that he was quite confident of winning the case, and setting a precedent for the future.

Decision

Tribunal chairman Ian Lamb said he needed about a week to review the relevant European law, as the case was "not entirely straightforward". On 2 May 2002, Mr Lamb decided to reject the claim made by the Des Clayes', stating that he was simply too young to warrant having a paid holiday. The panel ruled that the most he could do is ask his employers, Herts & Essex Newspapers Ltd, for a "period of time without work". [http://news.bbc.co.uk/1/hi/england/1964240.stm]

Despite this setback, Edward vowed to fight on, and was adamant that he would appeal this decision. In an interview, he stated that

"I am doing the same job as an adult or anyone else and I do not see why I should not get holiday pay.

I was a bit despondent when I heard but I have got advice from lawyers who say I have a good case.

A lot of my friends also do paper rounds and they support me because they want holiday pay too."

Repercussions

Even though Edward was unsuccessful in his attempt to win equal rights for children in the work place, he was the first in a spate of actions by children against their employers, In December 2002, a paperboy in Leicester received £1000 from his employer, the "Leicester Mercury" who argued for a minimum wage and holiday pay, and claimed he was fired because he was unable to find a substitute for him whilst he was away on holiday. [http://news.bbc.co.uk/1/hi/england/2573149.stm]

Later life

Edward, now 21, is studying Biomedical Sciences at St. George's University of London, formerly St. George's Hospital Medical School.He is a recent sensation there due to his performance in the charity fashion show.

References

* [http://news.bbc.co.uk/1/hi/england/1938632.stm BBC News]