New Ruling On Holiday Pay For Self Employed

A legal case currently going though the European Court of Justice (ECJ) may impact employers who have engaged workers on a self-employed basis and therefore not given paid holidays. This could apply to all employers, including those who have engaged household support staff on this basis for a period of time.

The view of the Advocate-General of the ECJ is that if an employer does not provide a worker with paid leave, that workers right to it carries over until they have the opportunity to take it. If their employment is terminated, they have the right to payment in lieu of any leave outstanding.

This is, however, not yet finalised as the ECJ has yet to decide if it agrees with the Advocate-General view.

We will keep you updated on decisions.

The Graham Agency, keeping you informed.

End