29th November 2017
The outcome of the King v The Sash Window Workshop (SWW) Limited case rules that where the employer does not pay for annual leave, the worker’s entitlement to this leave carries over until the termination of employment.
At first blush, it may seem like an unusual occurrence: that an employer would permit the taking of annual leave, but not pay for it. However, in this case, Mr King had worked for SWW Ltd as a self-employed commission-only salesman since 1999. Some years later, he was offered an employment contract which included an entitlement to paid holiday. He refused this, preferring to continue on a self-employed basis and took unpaid holiday until SWW Ltd terminated his engagement in 2012. Mr King successfully argued that he was in fact a “worker” as opposed to a contractor and had suffered a series of deductions in respect of holiday pay.