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CJEU backs worker in claim for 13 years holiday pay

01 December 2017 #Employment


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.

Clarkslegal, specialist Employment lawyers in London, Reading and throughout the Thames Valley.
For further information about this or any other Employment matter please contact Clarkslegal's employment team by email at employmentunit@clarkslegal.com by telephone 020 7539 8000 (London office), 0118 958 5321 (Reading office) or by completing the form on this page.

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Louise Merrell

Louise Merrell
Associate

E: lmerrell@clarkslegal.com
T: 020 7539 8082
M: 0779 900 7325

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