Thinking about that holiday... The subject of holiday in employment law

The subject of holiday in employment law has been somewhat of a moveable feast, with a number of high-profile court decisions in recent years, both at domestic and European level, resulting in a number of changes in the law. This has been typified by a couple of new cases emanating from the European Court of Justice (ECJ).

The reoccurring message of the ECJ in these cases is that ‘the entitlement of every worker to paid annual leave must be regarded as a particularly important principle of European Union social law from which there may be no derogations’. The message is clear: paid annual leave is an important principle of European law.

In Stringer and others v HM Revenue & Customs C-520/06 and the conjoined case of Schultz-Hoff Deutsche Rentenversicherung Bund C-350/06, the ECJ held that a worker continues to accrue annual leave under the Working Time Directive (2003/88/EC), despite being on long-term sick leave…

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