EAT limits holiday that sick employees can carry over to four weeks per holiday year
Sood Enterprises v Healy: Mr Healy had been on sick leave from June 2010 to July 2011 when he resigned due to ill health. He claimed payment in lieu of accrued, but untaken holiday during 2010 and 2011.
The EAT agreed with recent European and UK case law that an employee on long-term sick leave is allowed to automatically carry over the ‘basic allowance’ of four weeks’ annual leave that is guaranteed under the European Directive, without the need to request it. However, it held that the ‘additional allowance’ of 1.6 weeks’ annual leave granted under the Working Time Regulations cannot be carried over unless the parties have an agreement to do so. Such an agreement may be found in documents such as contracts of employment and company policies.
There was no such agreement between Mr Healy and his employer. He was therefore only entitled to carry over and claim payment for the ‘basic allowance’ of four weeks per leave year, less any holiday taken prior to his period of sick leave…
If you are registered and logged in to the site, click on the link below to read the rest of the Pillsbury briefing. If not, please register or sign in with your details below.
News from Nabarro
Briefings from Nabarro
The Safe Harbor scheme is of key importance to transatlantic trade.
Mr Mitchell’s solicitors have been denied the ability to recover costs, estimated to be in excess of £500,000, because they failed to file a costs budget on time.
Analysis from The Lawyer
Real estate continues to be the key money spinner for Nabarro, which has always been known for its work in the UK property market, (although) last year results were up across the firm. Google’s ...
A few UK200 firms – such as DWF – have managed to grow in the downturn. A few, such as Berwin Leighton Paisner, have come back stronger than ever after a wobble. Nabarro fits into neither category.