King v The Sash Window Workshop Ltd [2017]

  • Case Reference
    Case C-214/16
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Pay and Conditions of Employment
Issues covered: Working Time Directive; Paid Annual Leave; Payment on Termination

Advocate General Tanchev considers that it is incompatible with EU law to require a worker to take leave first before being able to establish whether he is entitled to be paid for it. In circumstances where an employer has not provided a worker with paid leave, the right to paid leave carries over until he has the opportunity to exercise it and on termination of employment the worker has the right to payment in lieu of leave that remains outstanding.

This long-running case was referred to the CJEU by the Court of Appeal of England and Wales. Mr King started working as a salesman for the Sash

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This article is correct at 21/06/2017
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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