# C_2016016EN.01000901.xml

| 18.1.2016 | EN | Official Journal of the European Union | C 16/9 |
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18.1.2016

EN

Official Journal of the European Union

C 16/9

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Judgment of the Court (Sixth Chamber) of 11 November 2015 (request for a preliminary ruling from the Birmingham Employment Tribunal — United Kingdom) — Kathleen Greenfield v The Care Bureau Ltd

(Case C-219/14) (1)

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((Reference for a preliminary ruling - Social policy - Framework Agreement on part-time work - Organisation of working time - Directive 2003/88/EC - Right to paid annual leave - Calculation of entitlement to leave in the event of an increase in working time - Interpretation of the pro rata temporis principle))

(2016/C 016/09)

Language of the case: English

Referring court

Referring court

Birmingham Employment Tribunal

Parties to the main proceedings

Parties to the main proceedings

Applicant: Kathleen Greenfield

Applicant:

Defendant: The Care Bureau Ltd

Defendant:

Operative part of the judgment

Operative part of the judgment

| 1. | Clause 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997, annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/CE of 7 April 1998, and Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as meaning that, in the event of an increase in the number of hours of work performed by a worker, the Member States are not obliged to provide that the entitlement to paid annual leave already accrued, and possibly taken, must be recalculated retroactively according to that worker’s new work pattern. A new calculation must, however, be performed for the period during which working time increased. |
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1.

Clause 4.2 of the Framework Agreement on part-time work concluded on 6 June 1997, annexed to Council Directive 97/81/EC of 15 December 1997 concerning the Framework Agreement on part-time work concluded by UNICE, CEEP and the ETUC, as amended by Council Directive 98/23/CE of 7 April 1998, and Article 7 of Directive 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time must be interpreted as meaning that, in the event of an increase in the number of hours of work performed by a worker, the Member States are not obliged to provide that the entitlement to paid annual leave already accrued, and possibly taken, must be recalculated retroactively according to that worker’s new work pattern. A new calculation must, however, be performed for the period during which working time increased.

| 2. | Clause 4.2 of the Framework Agreement and Article 7 of Directive 2003/88 must be interpreted as meaning that the calculation of the entitlement to paid annual leave is to be performed according to the same principles, whether what is being determined is the allowance in lieu of paid annual leave not taken where the employment relationship is terminated, or the outstanding annual leave entitlement where the employment relationship continues. |
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2.

Clause 4.2 of the Framework Agreement and Article 7 of Directive 2003/88 must be interpreted as meaning that the calculation of the entitlement to paid annual leave is to be performed according to the same principles, whether what is being determined is the allowance in lieu of paid annual leave not taken where the employment relationship is terminated, or the outstanding annual leave entitlement where the employment relationship continues.

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(1)  OJ C 223, 14.7.2014.

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