CELEX: 62014CA0219
Language: en
Date: 2015-11-11 00:00:00
Title: Case C-219/14: 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 (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)

18.1.2016   
            
            
               EN
            
            
               Official Journal of the European Union
            
            
               C 16/9
            
         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)
   
   ((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
   
   Birmingham Employment Tribunal
   
      Parties to the main proceedings
   
   
      Applicant: Kathleen Greenfield
   
      Defendant: The Care Bureau Ltd
   
      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.
            
         
               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.
            
         
      (1)  OJ C 223, 14.7.2014.