Working time cases round-up

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By Katy Meves

The vexed issues of holiday entitlement and holiday pay under the Working Time Regulations 1998 continue to keep tribunals busy. Shoosmiths rounds up some recent cases with potentially far-reaching consequences for employers.

The decision of the European Court of Justice (ECJ) in Stringer was that workers continue to accrue entitlement to annual leave while off sick and, if they are unable to take that leave due to sickness, they must be allowed to carry it over to a subsequent leave year.

Under the Working Time Directive, the minimum amount of paid annual leave to which a full-time worker is entitled is four weeks (20 days). The Working Time Regulations 1998 are more generous, providing for an additional 1.6 weeks of annual leave. This means that a full-time worker in the UK is entitled to a total of 28 days’ paid annual leave. Of course, this is the minimum statutory requirement and many employers grant their workers additional contractual holiday entitlement…

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