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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

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Winckworth Sherwood—Charlotte Coleman & Qaisar Sheikh

Two promoted to partner in property litigation and education teams

Dorsey & Whitney LLP—Peter Knust

Dorsey & Whitney LLP—Peter Knust

Cross-border finance and restructuring specialist joins as of counsel in London

Powell Gilbert—Callum Beamish-Lacey

Powell Gilbert—Callum Beamish-Lacey

IP firm promotes litigator to partnership

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
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