In The Sash Window Workshop Ltd and another v King [2018] IRLR 142 ECJ, the ECJ held that the right to paid annual leave of a "worker" who was treated as a self-employed, commission-only salesman could accumulate over an unlimited period, and that the worker was entitled to claim the accrued holiday pay on termination.
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.
The European Court of Justice has held that a worker must be able to carry over unused holiday when the employer does not put that worker in a position to exercise the right to take paid annual leave.
The Court of Appeal has held that the Employment Appeal Tribunal (EAT) was correct to uphold an employment tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.
The European Court of Justice (ECJ) reiterated that if sickness prevents a worker from taking annual leave, his or her annual leave can be carried forward into the next holiday year. Bethan Odey summarises the case.
The Employment Appeal Tribunal (EAT) has refused to interfere with the tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.
The Employment Appeal Tribunal has held that where an employee chooses not to take statutory annual leave during sick leave, he or she can carry forward the untaken annual leave for up to 18 months from the end of the leave year in which the leave arises.
The Northern Ireland Court of Appeal has held that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an "appropriately permanent feature" of the worker's remuneration.