header-logo header-logo

Employment—Annual leave—Remuneration

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

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

CBI South-East Council—Mike Wilson

CBI South-East Council—Mike Wilson

Blake Morgan managing partner appointed chair of CBI South-East Council

Birketts—Phillippa O’Neill

Birketts—Phillippa O’Neill

Commercial dispute resolution team welcomes partner in Cambridge

Charles Russell Speechlys—Matthew Griffin

Charles Russell Speechlys—Matthew Griffin

Firm strengthens international funds capability with senior hire

NEWS
The proposed £11bn redress scheme following the Supreme Court’s motor finance rulings is analysed in this week’s NLJ by Fred Philpott of Gough Square Chambers
In this week's issue, Stephen Gold, NLJ columnist and former district judge, surveys another eclectic fortnight in procedure. With humour and humanity, he reminds readers that beneath the procedural dust, the law still changes lives
Generative AI isn’t the villain of the courtroom—it’s the misunderstanding of it that’s dangerous, argues Dr Alan Ma of Birmingham City University and the Birmingham Law Society in this week's NLJ
James Naylor of Naylor Solicitors dissects the government’s plan to outlaw upward-only rent review (UORR) clauses in new commercial leases under Schedule 31 of the English Devolution and Community Empowerment Bill, in this week's NLJ. The reform, he explains, marks a seismic shift in landlord-tenant power dynamics: rents will no longer rise inexorably, and tenants gain statutory caps and procedural rights
Writing in NLJ this week, James Harrison and Jenna Coad of Penningtons Manches Cooper chart the Privy Council’s demolition of the long-standing ‘shareholder rule’ in Jardine Strategic v Oasis Investments
back-to-top-scroll