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Case C-219/14: Reference for a preliminary ruling from Employment Tribunals, Birmingham (United Kingdom) made on 6 May 2014 — Kathleen Greenfield v The Care Bureau Ltd
ECLI:EU:UNKNOWN:62014CN0219
62014CN0219
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Official Journal of the European Union
C 223/8
(Case C-219/14)
2014/C 223/11
Language of the case: English
Referring court
Parties to the main proceedings
Applicant: Kathleen Greenfield
Defendant: The Care Bureau Ltd
Questions referred
i.Is the ‘pro rata temporis principle’, as set out in clause 4.2 of the Framework Agreement, to be interpreted as requiring a provision of national law, (such as Regulations 13, 13A and 14 of the Working Time Regulations), to have the effect that, in circumstances where there is an increase in the working hours of an employee, the amount of leave already accumulated must be adjusted proportionally to the new working hours, with the result that the worker who increases his/her working hours has his/her entitlement to accrued leave recalculated in accordance with the increased hours?
ii.Is either clause 4.2 of the Framework Agreement or Article 7 of the Working Time Directive to be interpreted as precluding a provision of national law (such as Regulations 13, 13A and 14 of the Working Time Regulations), from having the effect that in circumstances where there is an increase in the working hours of an employee, the amount of leave already accumulated is to be adjusted proportionally to the new working hours, with the result that the worker who increases his/her working hours has his/her entitlement to accrued leave recalculated in accordance with the revised hours?
iii.If the answer to question (i) and/or (ii) is yes, does the recalculation apply only to that portion of the holiday year during which the employee worked the increased hours or to some other period?
iv.When calculating the period of leave taken by a worker, is either clause 4.2 of the Framework Agreement or Article 7 of the Working Time Directive to be interpreted as requiring a provision of national law (such as Regulations 13, 13A and 14 of the Working Time Regulations) to have the effect of adopting a different approach as between calculating an employee's allowance in lieu of paid annual leave entitlement upon termination and when calculating an employee's remaining annual leave entitlement when they remain employed?
v.If the answer to question (iv) is yes, what is the difference in approach required to be adopted?
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 OJ L 299, p. 9