HomeNewsToday’s court ruling backs worker’s claim for 13 years of holiday pay
Today’s court ruling backs worker’s claim for 13 years of holiday pay
29 November 2017
Regular readers of our employment law newsletter ‘dispatches’ may remember the case of Mr King v The Sash Window Workshop – we reported in October this year on the opinion of the Advocate General in the European Court of Justice (ECJ).
Mr King worked as a commission-based salesman for the sash window firm on a self-employed basis but after being dismissed contested that he was in fact a worker and was therefore entitled to workers’ rights. A tribunal agreed and he consequently went on to claim he was entitled to holiday pay for untaken leave during his 13 years’ with the company. The company maintained that at no point was he prevented from taking any time off for holiday or otherwise as there was no requirement for him (as a self-employed individual) to request it or for the company to agree it.
After somewhat grappling with the issue, the UK courts asked the ECJ to decide whether EU law allowed him to claim payment for the untaken holiday for the entire length of his employment. In a much-anticipated judgement, the ECJ has today ruled (following the Advocate General’s opinion we previously reported) that he was entitled to his untaken leave for the entire 13 year period. The court stated that ‘an employer that does not allow a worker to exercise his right to paid annual leave must bear the consequence’.
This is clearly a landmark decision, but it is also significant because the court decided there was no time limit for his claim, which is likely to increase the possibility of future similar claims being made especially given the ongoing scrutiny of the employment status of many individuals working in the gig economy.
The case will now return to the Court of Appeal, and we await further ruling.
Keep up-to-date with the latest employment law case law. Subscribe to be put on the mailing list to receive a copy of dispatches to your inbox monthly.
IR35: The (delayed) new off-payroll working rules apply from 6 April 2021 Traditionally, contractors like being self-employed because they pay reduced National Insurance contributions, and are able to set various…
We’re backing our county’s most vibrant lifestyle businesses, returning as headline sponsor for the SoGlos Gloucestershire Lifestyle Awards 2021. Gloucestershire’s lifestyle businesses make our county a truly unique place in…
The Supreme Court has made a unanimous landmark decision that (mostly female) shop workers at Asda supermarkets can be compared to the (mostly male) warehouse workers, ruling that they are…
We use cookies on our website to give you the most relevant experience by remembering your preferences and repeat visits. By clicking “Accept”, you consent to the use of ALL cookies.
This website uses cookies to improve your experience while you navigate through our website. Out of these cookies, the cookies that are categorised as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. We also use third-party cookies that help us analyse and understand how you use our website. These cookies will be stored in your browser only with your consent. You also have the option to opt-out of these cookies but it may affect your browsing experience on our website. You can find our cookie policy here.
Necessary cookies are absolutely essential for our website to function and enable core functionality such as security and accessibility. These cookies do not store any personal information. You can block these cookies by changing your browser settings, but this may affect how the website functions.
We use performance cookies such as Google Analytics to help us count the number of visitors and to see how visitors move around our website when they are using it. This helps us to improve the way our website works, for example, by ensuring that users are finding what they are looking for easily. The cookies collect information in a way that does not directly identify anyone. For more information on how these cookies work, please see our cookie policy.