The European Court of Justice (ECJ) considered whether workers on zero-hours contracts accrue annual leave under EU law.

The case of short-time working was held to be fundamentally different to cases where workers are on long-term sick leave.

The ECJ held that short-time workers were in a comparable position to part-time workers and as such their holiday should be calculated on a pro-rata basis.

Key point: with all the confusion over holidays at present, this case provides a welcome breath of fresh air giving clarity over the position of short-time workers. There has been an increase in the number of short-time workers since the economic crisis.

Heimann and anor v Kaiser GmbH (2012)