header-logo header-logo

Take your leave?

Charles Pigott reports on sick workers, holidays & the small print

This summer, three weeks apart, the Employment Appeal Tribunal (EAT) heard two cases which addressed the question of whether a worker on sick leave must ask to take or carry forward accrued holiday entitlement under the Working Time Regulations 1998 (SI 1998/1833). They are NHS Leeds v Larner EAT/0088/11 and Fraser v Southwest London St George’s Mental Health Trust EAT/0456/10. The employer’s appeal in Larner is to be heard by the Court of Appeal, probably in the first quarter of 2012. Each decision was taken, at least on the face of it, in ignorance of the other.

The key issue in both cases was whether a sick worker needed to comply with reg 15 which provides that a worker “may take the leave to which he is entitled” by giving notice to the employer. The regulation goes on to stipulate the number of days’ notice required, depending on the length of the planned holiday, and also allows an employer to

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

Bell Yard Kysen—Liz Giles

Bell Yard Kysen—Liz Giles

Bell Yard Kysen appoints senior legal PR and ex-government communications adviser, Liz Giles

Clarke Willmott—Lee Edwards

Clarke Willmott—Lee Edwards

Clarke Willmott boosts Southampton commercial property team with addition of partner Lee Edwards

Lime Solicitors—four promotions

Lime Solicitors—four promotions

Lime Solicitors announces four promotions

NEWS
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
The Environment Agency can prosecute offences beyond environmental legislation where proceedings support its statutory functions, the Divisional Court has confirmed
back-to-top-scroll