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25 September 2015 / Sally Nesbitt
Issue: 7669 / Categories: Features , Family
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The saga continues

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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

Flint Bishop—Charlotte Harris

Flint Bishop—Charlotte Harris

Sheffield expansion continues with appointment of commercial property partner

Browne Jacobson—Paul Duggan

Browne Jacobson—Paul Duggan

Browne Jacobson strengthens banking and finance practice with latest partner appointment Paul Duggan

Ward Hadaway—Chris Piggott

Ward Hadaway—Chris Piggott

Employment partner joins Ward Hadaway

NEWS
The Law Society RFC Festival of Sport returns next month, bringing together legal and financial services professionals for one of the sector’s largest annual sporting events
Legal aid deserts leave almost one in four without adequate access to justice
The Solicitors Regulation Authority (SRA) has warned solicitors and law firms that using artificial intelligence does not alter their professional obligations, amid concerns over inaccurate legal material and client confidentiality
From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

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