04 December 2017
We reported on the case of King v Sash Windows back in June when the Advocate General gave an opinion on the case. We now have the Judgment from the Court of Justice of the European Union (“CJEU”).
The CJEU determined that if a worker is prevented from taking paid holiday because their employer refuses to grant it, they cannot be stopped from bringing a claim because a new holiday year starts and any provision to the contrary in the Working Time Regulations is incompatible with EU law.
Further, the CJEU provided that employers who fail to grant holiday pay to workers are not subject to any limit in what can be carried over. This means that claims could potentially go back over 20 years. It’s unclear how this sits with Bear Scotland which limited back pay.
This Judgement could have massive implications for “gig economy” firms like Uber whose ‘self-employed’ staff have recently been held to be workers entitled to holiday pay.