Press Release: Advocate General’s Opinion in Case C-214/16. C. King v The Sash Window Workshop Ltd., Richard Dollar

Advocate General Tanchev considers that it is incompatible with EU law to require a worker to take leave first before being able to establish whether he is entitled to be paid for it.

In circumstances where an employer has not provided a worker with paid leave, the right to paid leave carries over until he has the opportunity to exercise it and on termination of employment the worker has the right to payment in lieu of leave that remains outstanding.