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‘Landmark’ case finds salesman is entitled to 13 years holiday pay

A worker who did not receive a paid holiday for 13 years has been backed by The Court of Justice of the European Union (CJEU) in a landmark legal ruling.

Mr King worked for The Sash Window Workshop as a sales person, on a self-employed, commission-only contract between 1999 and 2012. Following his dismissal from the firm, a UK tribunal ruled that Mr King should have been classified as a “worker” and was therefore entitled to annual leave with pay, or payment in lieu of leave.

The CJEU ruled that EU law permits Mr King to claim holiday entitlement payment for the entire period of his employment.

The ramifications of this landmark decision are that employers whose ‘self-employed’ contractors turn out to be ‘workers’, may find themselves facing very substantial holiday pay bills, dating back to as much as 20 years.

This case illustrates the ever changing nature of employment law and the importance of continuous legal support for organisations.

Loosemores HR offers bespoke employment law and HR solutions tailored to your organisation. For a fixed price monthly fee, your organisation will receive ongoing support from specialist employment law solicitors and experienced HR consultants.

Please speak with Karl Thomas today to find out how the Loosemores HR team can help your organisation.

Call: 029 2022 4433

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