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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

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Browne Jacobson—Professor Clive Kay

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Browne Jacobson appoints senior healthcare leader Professor Clive Kay as strategic adviser

NEWS
As family justice moves further away from the courtroom, collaborative law is emerging as an increasingly important route to resolving separation disputes
A busy period for employment law is producing important lessons for employers, employees and tribunals alike
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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