header-logo header-logo

An ill wind?

Charles Pigott takes time out to revisit statutory holiday entitlement

The advocate general’s opinion in the German reference KHS AG v Schulte C-214/10 addresses what should happen to a worker’s holiday entitlement under the Working Time Directive 2003/88/EC (WTD) when a period of continuous sick leave straddles more than one leave year. This question had previously been considered by the Court of Justice of the European Union (ECJ) in Schultz-Hoff v Deutsche Rentenversicherung Bund [2009] All ER (EC) 906, [2009] IRLR 214. Schultz-Hoff appeared to have left open the possibility that in these circumstances holiday entitlement could accrue indefinitely, assuming that under local law it could not be taken concurrently with sick leave.

In Schultz-Hoff, another German reference, the worker had been off sick from September 2004 until his contract terminated in September 2005. He claimed a payment in lieu of his accrued holiday entitlement for two leave years but was denied his 2004 entitlement by the local courts because the permitted carry-over period was limited to three months. The

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

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

NLJ Career Profile: Hugo Plowman, Mishcon de Reya

From global fraud cases to fishing off-grid, Mishcon de Reya’s chair of dispute resolution Hugo Plowman discusses mentors, management switching off

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law—Jennifer Hudec, Ciara Florey, Alice Ferguson & Ruth Wynn

Maguire Family Law announces partner promotion and new hires amid a record year for enquiries

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis—Rebecca Parry & Hannah Gamble

Switalskis wills and probate team extends reach with two appointments

NEWS
Restrictions on workplace non-disclosure agreements could make settlements slower, more complex and more expensive when reforms expected in 2027 take effect
Private prosecutors face closer scrutiny under Crown Prosecution Service guidance designed to strengthen accountability and consistency when intervention is requested
Foreign states cannot necessarily claim immunity for cyber operations launched abroad against computers in Britain, following a divided Supreme Court ruling
Defendants who make unsupported complaints about their lawyers risk losing legal aid while confiscation proceedings continue without representation
Lawyers advising Russian clients face different sanctions restrictions across the UK, EU and US, despite their shared objective of increasing pressure on Russia
back-to-top-scroll