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02 September 2011
Issue: 7479 / Categories: Case law , Law reports , In Court
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Employment—Annual leave—Remuneration

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Larner v NHS Leeds UKEAT/0088/11/CEA, [2011] All ER (D) 119 (Aug)

Employment Appeal Tribunal, Bean J, 29 Jun 2011

Annual leave entitlement accrued during a period of sick leave is not forfeited if the worker did not submit a request for that annual leave before the pay year ended.

Naomi Cunningham (instructed by Thompsons Solicitors) for the employee. Ben Daniel (instructed by Ford & Warren Solicitors) for the employer.

The employee was employed from April 2000. Her holiday year ran from 1 April to 31 March. In January 2009 she began a period of absence due to sickness. She received from the employer sick pay at the rate of full pay for six months and half pay for six months. At the start of her sickness absence, she did not have any pre-arranged holiday. During 2009 and 2010 she did not make any requests to take holiday. On 6 April 2010, the employer decided to dismiss her with immediate effect on grounds of incapability due to ill health. The employee complained to the employment tribunal contending,

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