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27 July 2017 / Charles Pigott
Issue: 7756 / Categories: Features , Employment
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Advocate General drops holiday pay bombshell

Could gig economy workers have a right to claim backdated holiday pay? Charles Pigott reports

  • Advocate General Tanchev has given an opinion which could open the way to substantial claims for backdated holiday pay from gig economy workers.
  • This new approach would provide an added incentive for employers to get their workers’ employment status right at the outset of the relationship.

The Advocate General’s opinion in King v the Sash Window Workshop C-214/16 would put the onus squarely on employers to provide an ‘adequate facility’ for the exercise of the right to take paid annual leave under the Working Time Directive 2003/88/EC (WTD).

The opinion was given on 8 June 2017, in response to a request for a reference from the Court of Appeal. That followed an appeal by Mr King from the decision of the Employment Appeal Tribunal [2015] IRLR 348. Mr King had been working as a commission only salesman since 1999. He had been categorised as self-employed, and had refused a new contract as an employee on different terms

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MOVERS & SHAKERS

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

Sackers—Louise McRae & Annabella Hwang

Sackers—Louise McRae & Annabella Hwang

Sackers recruits new associates

McHale & Co—Shaun Little & Patrick Byrne

McHale & Co—Shaun Little & Patrick Byrne

Firm bolsters senior team with head of corporate and head of employment

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
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