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Article

29 Nov 2017

Author:
The Guardian

EU: Court of Justice rules workers may claim compensation for untaken holidays

Workers are entitled to paid leave and can claim compensation if they are not allowed to take their holidays, the EU’s highest court has ruled. In a case involving a UK window salesman, the European court of justice (ECJ) in Luxembourg – whose continuing jurisdiction is vehemently opposed by Brexiters – has reinforced employees’ rights. The long-running legal challenge concerned a claim brought by the salesman, identified as Mr King, against The Sash Window Workshop Limited. The dispute was over his employment contract, which did not specify if he was entitled to paid leave. The salesman had been paid entirely on commission and his contract described him as self-employed. A UK employment tribunal subsequently found he should have been treated as a full-time worker. The case is one of a series that have gone to the Luxembourg court to establish whether businesses operating in the “gig economy” are depriving employees of benefits to which they should be entitled by reclassifying workers as self-employed...