A UK window salesman who did not receive a holiday pay for 13 years has been backed at the European Court of Justice in his landmark legal battle.

Conley King worked for a sash window firm on a self-employed basis, but was later found to have workers’ rights after he was dismissed.

The ECJ was asked to decide whether EU law allowed him to claim payment for the entire length of his employment…and they did – there was no time limit for his claim.

Mr King worked as a commission-based salesman for The Sash Window Workshop between 1999 and 2012. After he was dismissed from the firm, a UK tribunal ruled that Mr King should have been classified as a worker.

The Sash Window Workshop said Mr King worked:

“as a self-employed salesman under an arrangement that suited him.


“We would like to reiterate that at no point was he prevented by us from taking any time off for holiday or otherwise, as there was no requirement for him to request it or for us to agree to it,” the company said.

It’s a pretty big decision as it leaves employers who have miscategorised workers as self-employed, liable for back holiday pay when their employment ends.

How much Mr King will receive  of the £27,000 holiday pay claimed will be determined by the Court of Appeal.


Conley King v The Sash Window Workshop Ltd

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