Skip to main content
CLOSE

Charities

Close

Corporate and Commercial

Close

Employment and Immigration

Close

Fraud and Investigations

Close

Individuals

Close

Litigation

Close

Planning, Infrastructure and Regeneration

Close

Public Law

Close

Real Estate

Close

Restructuring and Insolvency

Close

Energy

Close

Entrepreneurs

Close

Private Wealth

Close

Real Estate

Close

Tech and Innovation

Close

Transport and Infrastructure

Close
Home / News and Insights / News / Never too late to backdate (workers’ entitled holiday pay)

If an employer denies a worker their right to paid holiday leave, does the worker lose their unused holiday at the end of the year? No, held the Court of Justice of the European Union (CJEU).

Workers who have been denied their right to take paid holiday leave will be able to claim for any holiday pay they are owed. The CJEU has held that if a worker is prevented from taking their holiday as paid leave because the employer refuses to pay, then they are being denied their EU rights.

The Working Time Directive was transposed into English law by the Working Time Regulations 1998. In this case the Employer asserted that the Regulations provide that when a new holiday year starts, the worker loses the right to bring a claim for holiday pay issues from the preceding year. The CJEU disagreed and stated that such an interpretation of the Regulations is incompatible with the EU Directive and that the worker here should receive the past 13 years’ worth of holiday pay owed, totalling £27,000.

The result of this case is that workers who have been denied their right to take paid holiday leave can claim holiday pay dating back to 1996 when the original Working Time Directive came into force.

Related Articles

Our Offices

London
One Bartholomew Close
London
EC1A 7BL

Cambridge
50/60 Station Road
Cambridge
CB1 2JH

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

 

Reading
The Anchorage, 34 Bridge Street
Reading RG1 2LU

Southampton
Grosvenor House, Grosvenor Square
Southampton SO15 2BE

  • Lexcel
  • CYBER ESSENTIALS PLUS

© BDB Pitmans 2024. One Bartholomew Close, London EC1A 7BL - T +44 (0)345 222 9222

Our Services

Charities chevron
Corporate and Commercial chevron
Employment and Immigration chevron
Fraud and Investigations chevron
Individuals chevron
Litigation chevron
Planning, Infrastructure and Regeneration chevron
Public Law chevron
Real Estate chevron
Restructuring and Insolvency chevron

Sectors and Groups

Private Wealth chevron
Real Estate chevron
Transport and Infrastructure chevron