Holidays and Deductions of Wages

In King v The Sash Window Workshop Ltd and anor, Advocate General Tanchev has given the opinion that employers are bound to provide an ‘adequate facility’ for workers to exercise the right to paid annual leave under Article 7 of the EU Working Time Directive. Once the employer does so, the worker then becomes responsible for taking it up, and any domestic law restrictions on the exercise of the right to paid annual leave can begin to apply.

 

Therefore, by extension, workers who have not been provided with an adequate facility to exercise the right would be entitled to an allowance in lieu of all untaken annual  leave, i.e. in respect of the whole period of employment or up until the date on which an adequate facility was made available.

 

This seems to support the argument that if employers treat categories of workers as self employed and do not provide for paid holiday, the workers will be able to claim for the whole period of employment should they challenge their status i.e. in a claim that they are in fact workers or employees and have been incorrectly designated.

 

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