Kathleen Greenfield v The Care Bureau Ltd [2015]

Posted In: Case Law
  • Case Reference
    CJEU C 219/14
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time, A-Typical Working, Pay
Issues covered: Organisation of Working Time Directive; Part-Time Workers; Calculation of Holiday Entitlement

How do you calculate a worker's entitlement to annual leave where their hours increase or decrease as their contract varies, e.g. they go from part-time to full-time hours or vice versa? Each period must be separately calculated, according to the CJEU:

"... as regards the accrual of entitlement to paid annual leave, it is necessary to distinguish periods during which the worker worked according to different work patterns, the number of units of annual leave accumulated in relation to the number of units worked to be calculated for each period separately... where, as in the case in the main proceedings, the worker, after accumulating rights to paid annual leave during a period of part-time

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This article is correct at 20/11/2015

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