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18 June 2009
Issue: 7374 / Categories: Legal News , Employment
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No more worries for a week or 2

Employees have the right to accrue holiday while on sick leave, the House of Lords has ruled

Workers on sick leave are entitled to accrue statutory holiday pay, the law lords have ruled.

In HMRC v Stringer and others [2009] UKHL 31 five law lords interpreted the Working Time Directive 1998 to mean that workers on sick leave are also entitled to carry over unused holiday entitlement from one year to the next, and receive pay in lieu of any unused holiday entitlement at the end of their employment.

The unanimous House of Lords’ decision last week  is consistent with the European Court of Justice’s ruling on the case, in January.
Rachel Dineley, head of the diversity and discrimination unit at Beachcroft LLP, says the decision “may cost employers dearly”.

“Employers will need to assess the prospective liabilities they may have in respect of employees on long-term sick leave and the risks they now face of claims. This is far easier said than done,” she says. “The House of Lords has left a number of key questions unanswered. Only further case law will resolve some of these issues, which have been ongoing for several years already.”

Dineley warned against the temptation for some employers to resort to dismissing those on long-term sickness absence sooner rather than later, in order to limit those liabilities.

“There are very clear drawbacks in such an approach, not least being the requirements of the Disability Discrimination Act (and the proposed changes arising under the Equality Bill). Employers and insurers who provide income protection will wish to review the nature and extent of their cover in light of today’s decision.

“Whatever action they take, employers must be careful to follow the correct procedure or they could be faced with claims for unfair dismissal, disability discrimination and for loss of income protection benefits for their staff”.

Issue: 7374 / Categories: Legal News , Employment
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MOVERS & SHAKERS

Sidley—James Inness

Sidley—James Inness

Partner joins capital markets team in London office

Haynes Boone—William Cecil

Haynes Boone—William Cecil

Firm announces appointment of partner as UK general counsel

Devonshires—Nicholas Barrows

Devonshires—Nicholas Barrows

Firm appoints first chief marketing officer to drive growth strategy

NEWS
A seemingly dry procedural update may prove potent. In his latest 'Civil way' column for NLJ this week, Stephen Gold explains that new CPR 31.12A—part of the 193rd update—fills a ‘lacuna’ exposed in McLaren Indy v Alpa Racing
The long-running Mazur saga edged towards its finale as the Court of Appeal heard arguments on whether non-solicitors can ‘conduct litigation’. Writing in NLJ this week, Professor Dominic Regan of City Law School reports from a packed courtroom where 16 wigs watched Nick Bacon KC argue that Mr Justice Sheldon had failed to distinguish between ‘tasks and responsibilities’

The Court of Appeal has slammed the brakes on claimants trying to swap defendants after limitation has expired. In Adcamp LLP v Office Properties and BDB Pitmans v Lee [2026] EWCA Civ 50, it overturned High Court rulings that had allowed substitutions under s 35(6)(b) of the Limitation Act 1980, reports Sarah Crowther of DAC Beachcroft in this week's NLJ

Cheating in driving tests is surging—and courts are responding firmly. Writing in NLJ this week, Neil Parpworth of De Montfort Law School charts a rise in impersonation and tech-assisted fraud, with 2,844 attempts recorded in a year
As AI-generated ‘deepfake’ images proliferate, the law may already have the tools to respond. In NLJ this week, Jon Belcher of Excello Law argues that such images amount to personal data processing under UK GDPR
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