header-logo header-logo

25 September 2015 / Sally Nesbitt
Issue: 7669 / Categories: Features , Family
printer mail-detail

The saga continues

nlj_7669_nesbitt

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

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

Birketts—Nathan Evans

Birketts—Nathan Evans

Commercial and technology team in Cambridge strengthened by partner hire

Andrew & Andrew Solicitors—Shikha Datta

Andrew & Andrew Solicitors—Shikha Datta

Hampshire firm appoints head of new family department

Latham & Watkins—Sarah Lightdale

Latham & Watkins—Sarah Lightdale

Firm strengthens securities practice with partner return

NEWS

From blockbuster judgments to procedural shake-ups, the courts are busy reshaping litigation practice. Writing in NLJ this week, Professor Dominic Regan of City Law School hails the Court of Appeal's 'exquisite judgment’ in Mazur restoring the role of supervised non-qualified staff, and highlights a ‘mammoth’ damages ruling likened to War and Peace, alongside guidance on medical reporting fees, where a pragmatic 25% uplift was imposed

Momentum is building behind proposals to restrict children’s access to social media—but the legal and practical challenges are formidable. In NLJ this week, Nick Smallwood of Mills & Reeve examines global moves, including Australia’s under-16 ban and the UK's consultation
Reforms designed to rebalance landlord-tenant relations may instead penalise leaseholders themselves. In this week's NLJ, Mike Somekh of The Freehold Collective warns that the Leasehold and Freehold Reform Act 2024 risks creating an ‘underclass’ of resident-controlled freehold companies
Timing is everything—and the Court of Appeal has delivered clarity on when proceedings are ‘brought’. In his latest 'Civil way' column for NLJ, Stephen Gold explains that a claim is issued for limitation purposes when the claim form is delivered to the court, even if fees are underpaid
The traditional ‘single, intensive day’ of financial dispute resolution (FDR) may be due for a rethink. Writing in NLJ this week, Rachel Frost-Smith and Lauren Guiler of Birketts propose a ‘split FDR’ model, separating judicial evaluation from negotiation
back-to-top-scroll