King v The Sash Window Workshop Ltd Posted In: Case Law
Case ReferenceCase C-214/16
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionWorking Time, Pay
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 Window Workshop Ltd in 1999. He was paid by commission indexed to the sales that he brought in. He
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