Carry on, but not regardless — employee off sick could carry forward 20 days’ holiday only - .PDF file.
The employee in Sood Enterprises v Healey was off work because of illness from July 2010 to June 2011, when he resigned. He claimed payment for accrued but untaken holiday entitlement during 2010 and pro rata for 2011.
The Working Time Regulations (WTR) give 5.6 weeks’ leave, of which four weeks is the basic allowance guaranteed under the European Directive. Although the WTR do not allow carry forward for the basic four weeks’ entitlement, the Employment Appeal Tribunal (EAT), in line with recent European and UK case law, agreed that the claimant was entitled to carry accrued but untaken basic holiday forward from 2010 to 2011 and did not have to make a request for holiday in order to do so…
If you are registered and logged in to the site, click on the link below to read the rest of the Hogan Lovells briefing. If not, please register or sign in with your details below.