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ARTICLE · 04 DECEMBER 2017

Employment Essentials: November 2017's Top 5

Gowling WLG
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Gowling WLG's employment, labour & equalities experts bring you the latest top five employment law developments that may affect your business - what they are, and what you can do about them.

United KingdomEmployment and HR

1) Workers wrongly classed as self-employed can claim years of unpaid & untaken holiday

It is now well established that the prohibition on carry-over of untaken annual leave contained in the Working Time Regulations 1998 (WTR) does not apply where a worker is 'prevented' from taking their annual leave due to sickness absence or family related leave. Is a worker also 'prevented' from taking their annual leave in circumstances where an employer has wrongly classed an individual as an independent contractor, therefore denying any right to take paid holiday? Does carry-over equally apply in such cases and if so how much can be carried over? These are questions the Court of Justice of the European Union (CJEU) has considered in Sash Window Workshop Ltd v King.

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