Sally Nesbitt reports on holiday & sickness absence
Sickness absence and annual leave; five words to bring a shudder to employers and employment lawyers alike, jaded by years of European cases on the subject. But there may be a glimmer of hope. Building on previous European case law, the Employment Appeal Tribunal (EAT) in Plumb v Duncan Print Group Ltd (2015) UKEAT/0071/15, [2015] IRLR 711 clarifies both the circumstances and extent to which an employee is entitled to claim annual leave when off sick.
Carrying over holiday for sick workers
It is common knowledge that a worker is entitled to paid annual leave of at least four weeks under the Working Time Directive (2003/88/EC) (Directive). Regulation 13(9) of the Working Time Regulations 1998 (which implement the Directive) provides that holiday must be taken in the leave year in which it is due. It cannot be carried over, or replaced by a payment in lieu, except on termination.
“ May we sigh with relief & put this stream of case law to bed?”
Mr Plumb
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