Workers entitled to paid leave or pay in lieu of leave for period between unlawful dismissal and reinstatement

New CJEU judgment finds that -

The Court concludes therefrom that the period between a worker’s unlawful dismissal and reinstatement in his or her employment must be assimilated to a period of actual work for the purposes of determining the entitlement to paid annual leave. Consequently, a worker unlawfully dismissed then reinstated in his or her employment, by virtue of national law, following the annulment of the dismissal by the judgment of a court, is entitled to the paid annual leave
acquired during that period.

The Court observes that, if the reinstated worker is again dismissed or if the employment relationship, after reinstatement, ceases for any reason, the worker is entitled to a payment in lieu of paid annual leave not taken to which the entitlement was acquired during the period between the unlawful dismissal and the reinstatement.

However, the Court specifies that, if, during the period between the unlawful dismissal and his or her reinstatement in his or her former employment, the worker has taken new employment, he or she will be able to claim the entitlement to paid annual leave corresponding to the period during which he or she has been in that employment only from
the new employer.