EAT, annual leave and the WTR
When individuals are on long-term sick leave and unable to take annual leave, only the minimum four weeks’ annual leave provided for by the EU Working Time Directive (WTD) will carry over automatically into the next holiday year. On the facts of this case, an employee had been off sick for a year and a half during a period of absence that spanned two leave years. There was no relevant agreement between the parties. Therefore, the employee was not entitled to carry over additional leave to a subsequent holiday year when he had been unable to take it due to sickness. The Employment Appeal Tribunal (EAT) also confirmed that the Working Time Regulations 1998 (WTR) should be read to comply with the WTD, irrespective of whether the employer is a public body or a private sector employer (Sood Enterprises Ltd v Healy).
Article 7(1) of the WTD provides that workers are entitled to a minimum of four weeks’ paid annual leave. The WTD is implemented in the UK by the WTR, which provides that workers are entitled to a minimum of 5.6 weeks’ annual leave, thus improving on the minimum requirement set out in the WTD…
If you are registered and logged in to the site, click on the link below to read the rest of the Addleshaw Goddard briefing. If not, please register or sign in with your details below.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Addleshaw Goddard
News from The Lawyer
Briefings from Addleshaw Goddard
InCredit — new controller form for intragroup transactions; PPI complaints set to continue; and more
Addleshaw Goddard’s weekly publication provides information on current retail finance issues, regulatory and legislative developments, market watch and ASA adjudications.
Data Issues Roundup — firm warned to stop nuisance text messages; EU ruling on CCTV; ICO's privacy seals; and more
Addleshaw Goddard has released the 19 January 2014 issue of its Data Issues Roundup .
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
Could Slater & Gordon achieve its stated aim of becoming a top consumer brand by acquiring Pannone?