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Sash Windows loses argument over holiday pay

There may be some employers wishing that the PM had drawn her red lines regarding the EU Court of Justice (CJEU) a little sooner after the Sash Windows ruling on holiday pay entitlement, warn Croner-i HR experts

The CJEU had been asked by the UK Court of Appeal to decide how the Working Time Directive (2003/88/EC) should be interpreted in a case involving Conley King and his former employer, The Sash Window Workshop [King v The Sash Window Workshop Ltd (C-214/16)].

King worked for the company on the basis of a ‘self-employed commission-only contract’ from 1 June 1999 until he retired, on 6 October 2012.

Under that contract, he was paid on a commission-only basis and, when he took annual leave, it was unpaid.

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