Jordans has teamed up with Barrister Allan Roberts from Guildhall Chambers to create this helpful tool which enables users to simply and quickly estimate the likely pension loss for claimants in Employment Tribunal cases.
Try out this free service today!
Greenfield v The Care Bureau Ltd C-219-14; (2016) EMPLR 006
11 November 2015
European Court of Justice
Holidays earned and taken during a period of part-time working do not need to be recalculated if the worker increases their hours of work.
G worked part-time. Her hours of work varied from week to week. She took 7 days’ leave during her final year of employment. In the twelve weeks before her leave, she had worked one day each week. Therefore she had exhausted her entitlement to annual leave for the year (since 7 days for someone working one day a week is 7 weeks’ pay). After her holiday she increased her hours to over 40 per week. She argued that she was due more holiday: over the year as a whole, one week averaged out at more than one day a week so that her 7 days’ leave no longer exhausted her entitlement to annual leave.
The point was referred to the European Court of Justice, which held that, if hours of work increase, entitlement to annual leave already accrued does not have to be recalculated. Therefore, since her seven days’ leave exhausted her leave entitlement, her entitlement remained exhausted even after she increased her hours. If any leave entitlement had remained, it would have had to be calculated on the basis of her new hours of work.