Court backs salesman's claim for 13 years of holiday pay
29 November 2017
A UK window salesman who did not receive a paid holiday for 13 years has been backed at the European Court of Justice in his landmark legal battle.
BBC News reports:
Conley King worked for a sash window firm on a self-employed basis, but was later found to have workers' rights. In a closely-watched case, the EU court ruled Mr King was also entitled to his untaken leave at the company.
Mr King worked as a commission-based salesman for The Sash Window Workshop between 1999 and 2012. After he was dismissed from the firm, a UK tribunal ruled that Mr King should have been classified as a worker.
He also brought a claim for £27,000 of holiday pay he says he should have received.
The case now returns to the UK Court of Appeal for a further ruling.
Matthew Taylor tweeted the news about this ruling saying, “Very important judgement and yet more evidence that we need greater clarity.” @RSAMatthew
The Taylor Review (Review of Modern Employment Practices) was published in July 2017 which addresses the question put forward by government as to what changes to legal and regulatory frameworks are required to protect workers in the modern labour market. A government response is expected by the end of 2017.
Two Select Committees have recently put forward a draft bill to Parliament which includes key recommendations from the Taylor Review and is intended to provide clarity on employment status and close the loopholes that can allow dubious employment practices.