King v The Sash Window Workshop Ltd and anor Posted In: Case Law
Case ReferenceKing v The Sash Window Workshop Ltd and anor 
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionContracts of Employment, Working Time and Leave
"It follows from the above that, unlike in a situation of accumulation of entitlement to paid annual leave by a worker who was unfit for work due to sickness [and who has a limited period of carry-over in which to take unused annual leave], an employer that does not allow a worker to exercise his right to paid annual leave must bear the consequences."
So found the CJEU in a case that will send shudders through many an employer's bank balance. As the CIPD put it in their review of this important case, "This is likely to mean that anyone with worker status will be able to carry leave over to subsequent years if they are unable to take it for reasons beyond their control. More significantly,
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