Employment law 2013 review: holiday pay
Holiday entitlement is important to individuals. Where and when one spends much deserved rest and recovery often takes months of thoughtful planning. A worker who believes they have not been given the correct holiday leave or pay will feel aggrieved.
Once again, the long-running saga of how to deal with holiday leave entitlement for those on sick leave featured this year. Basically, European case law means that workers on long-term sick leave can take holiday leave even if they are still on sick leave. However, if such a worker is ‘prevented’ from taking their leave due to their sickness, they must be allowed to carry it over to the next holiday year.
Reconciling the European jurisprudence with the provisions of the Working Time Regulations 1998 (WTR), which prohibit carry-over and contain notice requirements, is no mean feat. In particular, it has been unclear as to whether the European case law concerning sickness absence and holiday leave requires carry-over of the full 5.6 weeks’ statutory leave or only the first four weeks of statutory leave derived from the Working Time Directive (WTD)…
If you are registered and logged in to the site, click on the link below to read the rest of the Wragge & Co 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 Wragge Lawrence Graham & Co
News from The Lawyer
Briefings from Wragge Lawrence Graham & Co
Unwired Planet wins in first trial, leaving Huawei and Samsung considering appeals.
2015 has seen two separate prosecutions instigated for alleged failure to notify the Secretary of State of proposed collective redundancies – the City Link and USC cases.