In Greenfield -v- The Care Bureau Ltd 2015, the ECJ was asked to consider whether, when a part-time worker moves on to a full-time contract, entitlement to annual leave already accrued has to be re-calculated according to the employee’s new pattern retrospectively or going forward.
- If the worker increases their hours, then entitlement to annual leave that has already accrued does not have to be recalculated retrospectively to take account of the worker’s increased hours. However, entitlement that accrues after the increase should be recalculated.
- Any leave that was taken in excess of the entitlement that applied under the old working pattern should be deducted from the leave going forward, in the usual way.
These principles apply whether the employment terminates (and a payment is made for untaken holiday) or whether it continues (and the employee seeks to take the holiday).