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ECJ (Advocate General’s Opinion) ... workers can claim compensation if not given holiday pay
Advocate General’s Opinion in Case C-214/16 ... C. King v The Sash Window Workshop Ltd., Richard Dollar
https://curia.europa.eu/jcms/upload/docs/application/pdf/2017-06/cp170059en.pdf
Guardian report:
Workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays, according to a preliminary ruling by the European Union’s highest court.
In a decision on a case involving a UK window salesman, the advocate general of the European court of justice in Luxembourg has reinforced employees’ rights.
The long-running legal challenge involved a claim brought by a Mr King against the Sash Window Workshop Limited whose employment contract did not specify whether he was entitled to paid leave.
King was dismissed when he reached the age of 65 but brought a compensation claim against the company for holiday pay he had never received over a 13-year period that amounted to more than £27,000.
King was paid entirely on commission and his contract described him as self-employed. A UK employment tribunal subsequently found that he should have been treated as full-time worker.
NB - was a series of questions referred by the Court of Appeal ... here’s the EAT decision: http://www.bailii.org/uk/cases/UKEAT/2014/0057_14_0112.html
[ Edited: 8 Jun 2017 at 12:47 pm by shawn mach ]
ECJ judgment now out ... finds in Mr King’s favour
Rightsnet summary: Conley King v The Sash Window Workshop Ltd & Anor
Judgment: http://www.bailii.org/eu/cases/EUECJ/2017/C21416.html