A UK window salesman who did not receive a paid holiday for 13 years has been backed at the European Court of Justice in his landmark legal battle.<\/p>\n
Conley King worked for a sash window firm on a self-employed basis, but was later found to have workers’ rights.<\/p>\n
In a closely-watched case, the\u00a0EU court ruled Mr King was also entitled to his untaken leave<\/a>\u00a0at the company.<\/p>\n Legal analysts said the decision could have significant implications for firms in the so-called gig economy.<\/p>\n Mr King worked as a commission-based salesman for The Sash Window Workshop between 1999 and 2012.<\/p>\n A UK tribunal ruled after he left that Mr King should have been classified as a worker.<\/p>\n He then brought a claim for \u00a327,000 of holiday pay he should have received.<\/p>\n The European court was asked to decide whether EU law allowed him to claim payment for the entire length of his employment.<\/p>\n It decided there was no time limit for his claim, a decision which lawyers said opens the door for similar cases.<\/p>\n “An employer that does not allow a worker to exercise his right to paid annual leave must bear the consequences,” the court ruled.<\/p>\n Legal experts said the decision meant companies which routinely use staff on self-employed contracts – such as taxi or delivery firms – could face potentially huge liabilities if that status is later challenged.<\/p>\n James Williams, the barrister who represented Mr King, said it left employers who have miscategorised workers as self-employed, liable for back holiday pay when the workers’ employment is terminated.<\/p>\n The case now returns to the UK Court of Appeal for a further ruling.<\/p>\n Source: bbc.co.uk<\/a><\/p>\n","protected":false},"excerpt":{"rendered":"