King v The Sash Window Workshop Ltd and anor [2017]

  • Case Reference
    CJEU C‑214/16
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time and Leave
Issues covered: Working Time Directive; Annual Leave; Employee Status; Period to Claim

"It follows from the above that, unlike in a situation of accumulation of entitlement to paid annual leave by a worker who was unfit for work due to sickness [and who has a limited period of carry-over in which to take unused annual leave], an employer that does not allow a worker to exercise his right to paid annual leave must bear the consequences."

So found the CJEU in a case that will send shudders through many an employer's bank balance, wherever they might be based in Europe, should those working for employers be wrongly categorised as 'self-employed contractors'. As the CIPD put it in

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This article is correct at 08/12/2017

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