header-logo header-logo

02 September 2011
Issue: 7479 / Categories: Case law , Law reports , In Court
printer mail-detail

Employment—Annual leave—Remuneration

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,

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll