Holiday Pay Case: King v The Sash Window Workshop Limited in the Court of Justice of the European Union (Case C-214/16)

Comment from counsel and solicitor for the Claimant, Mr King, following a reference in the case from the Court of Appeal.

Clare Gilroy-Scott, senior solicitor, Goodman Derrick LLP comments:

"The European court today explored the issues relating to workers' entitlements to holiday pay and payments on termination under EU law.  The case raises specific issues faced by many UK workers who are incorrectly treated as self-employed. The question being whether the burden should fall to the employer to assess worker status properly, or face possible consequences upon termination, or whether it is for the employee to enforce their rights in a court or tribunal at the time, at the risk of job security."

James Williams, barrister, Henderson Chambers comments:

"As expected, the submissions of the European Commission generally agreed with those advanced by Mr King whilst the UK Government broadly agreed with the submissions advanced by the employer. One important point made by the Commission was that as the Directive is a health and safety measure, the burden of ensuring compliance should fall on the employer.  It was emphasised for Mr King that the availability of a payment in lieu on termination is necessary to ensure the effectiveness of the directive - otherwise employers would be incentivised to stop their staff from taking paid leave.

The Advocate-General indicated that he would deliver his Opinion on Thursday 8 June 2017.

This case concerned a worker who was allowed leave, but not paid leave. It is important to remember that employers who are already paying for annual leave are unlikely to be affected: only employers not complying with their obligations are likely to be affected."

Goodman Derrick LLP

  • Highly experienced team of employment lawyers recommended in the independent legal directories Chambers & Partners and Legal 500
  • A firm of 31 experienced partners managing a team of 90, organised into specialist practices and sector groups. Founded by Lord Goodman
  • Adviser to FTSE-listed, national and international businesses, including many household names
  • “The kind of firm that gains your trust and never loses it” Chambers and Partners Guide to the Legal Profession 2012
  • A member of the worldwide Legal Netlink Association, a network of independent law firms

If you require any further information please contact:

Clare Gilroy-Scott, Senior Solicitor, Goodman Derrick at cgilroy-scott@gdlaw.co.uk or on +44 (0)20 7404 0606

James Caulfield, Head of Business Development, Goodman Derrick at [email protected] or on +44 (0)7815 846 124