No5 Chambers

Bar top 30 position: 6=

Outstanding holiday entitlement on death

By Richard Adkinson

This article considers the ruling of the First Chambers of the Court of Justice of the European Union (CJEU) in Gülay Bollacke v K + K Klaas & Kock BV & Co KG (C-118/13) that an entitlement to accrued paid annual leave does not lapse when the worker dies.

Mrs Bollacke was the wife and sole beneficiary of her late husband’s estate. He fell ill in 2009, did not work again after 11 October 2010 and died on 19 November 2010. At the time of his death, he had accrued 140.5 days of untaken leave. The issue was whether she could claim a sum in lieu of the leave outstanding on his death.

Article 7 of the Working Time Directive (2003/88/EC) states that: (1) member states shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice; and (2) The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated…

Click on the link below to read the rest of the No5 Chambers briefing.

Briefings from No5 Chambers

  • Holiday pay has to include commission

    In Lock v British Gas, the European Court of Justice decided that holiday pay under the Working Time Directive has to include commission if salary is made up of commission.

  • Understanding serious brain injury

    At any time, as those who have suffered a serious injury to the brain or have been close to someone who has will know, your life can be turned upside down in less than a fated second.

View more briefings from No5 Chambers

Overview

Fountain Court
Steelhouse Lane
Birmingham
B4 6DR
UK

Silks: 26
Juniors: 213
Head of chambers: Paul Bleasdale QC
Practice director: Tony McDaid
Office manager: Sandra Astbury