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

DWF—19 appointments

DWF—19 appointments

Belfast team bolstered by three senior hires and 16 further appointments

Cadwalader—Andro Atlaga

Cadwalader—Andro Atlaga

Firm strengthens leveraged finance team with London partner hire

Knights—Ella Dodgson & Rebecca Laffan

Knights—Ella Dodgson & Rebecca Laffan

Double hire marks launch of family team in Leeds

NEWS
The Supreme Court issued a landmark judgment in July that overturned the convictions of Tom Hayes and Carlo Palombo, once poster boys of the Libor and Euribor scandal. In NLJ this week, Neil Swift of Peters & Peters considers what the ruling means for financial law enforcement
Bea Rossetto of the National Pro Bono Centre makes the case for ‘General Practice Pro Bono’—using core legal skills to deliver life-changing support, without the need for niche expertise—in this week's NLJ
In this week's NLJ, Steven Ball of Red Lion Chambers unpacks how advances in forensic science finally unmasked Ryland Headley, jailed in 2025 for the 1967 rape and murder of 75-year-old Louisa Dunne. Preserved swabs and palm prints lay dormant for decades until DNA-17 profiling produced a billion-to-one match
Small law firms want to embrace technology but feel lost in a maze of jargon, costs and compliance fears, writes Aisling O’Connell of the Solicitors Regulation Authority in this week's NLJ
Charlie Mercer and Astrid Gillam of Stewarts crunch the numbers on civil fraud claims in the English courts, in this week's NLJ. New data shows civil fraud claims rising steadily since 2014, with the King’s Bench Division overtaking the Commercial Court as the forum of choice for lower-value disputes
back-to-top-scroll