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The saga continues

25 September 2015 / Sally Nesbitt
Issue: 7669 / Categories: Features , Family
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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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MOVERS & SHAKERS

Kingsley Napley—Claire Green

Kingsley Napley—Claire Green

Firm announces appointment of chief legal officer

Weightmans—Emma Eccles & Mark Woodall

Weightmans—Emma Eccles & Mark Woodall

Firm bolsters Manchester insurance practice with double partner appointment

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
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