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Window salesman sees chance of 13 years holiday pay

Mr King worked for The Sash Window Workshop for 13 years as a “self-employed” salesman until he was sacked and took his claim to an Employment Tribunal. The Tribunal ruled that he was a “worker” and entitled to paid holiday but Mr King had never asked for paid holiday in all the time he had worked for Sash Windows.

The question was whether, given that Mr King was a “worker”, was he entitled to compensation for not having received holiday pay even though he had never asked for paid annual leave.

The European Court of Justice has said that he was. This is likely to lead to significant claims for accrued holiday pay by those working in the “gig economy” who have been treated as “self employed” when they are really “workers”.

Employment Tribunal’s have shown a willingness to find that those working in the “gig economy” are not truly self-employed but are in reality “workers” so this decision will have major implications for delivery companies and the like who rely on a business model of treating their workforce as “self-employed”.