Annual leave unused because of sickness/ 18months

20th July 2015
Annual leave unused because of sickness/ 18months image

Annual leave unused because of sickness/18 months

There have been a number of cases in recent years dealing with the issue of carry-over of holiday entitlement from one holiday year into another holiday year when an employee has been unable or unwilling to take it because of (long-term) sickness.

A recent case in the Employment Appeal Tribunal (“EAT”) has considered the matter further.

Firstly the EAT held that an employee who is absent from work on sick leave is not required to demonstrate that he or she is physically unable to take annual leave by reason of his or her medical condition in order to “qualify” for carry-over of holiday entitlement.

Secondly the EAT held that a worker must take annual leave within 18 months of the end of the leave year in which it accrued.  Hence there can be no indefinite carry-over.

Daven Nagen, head of our employment team, commented as follows:-

“It is good news that there is now certainty as to the length of time for which unused holiday entitlement can be carried over at the end of a holiday year.  Hence if a worker or employee is off on long-term sickness which covers many years, the worker or employee is going to have to elect to take his or her holiday within 18 months of the end of the leave year in which it accrued or otherwise the entitlement will be lost.”

If you require advice about the carry-over of unused holiday entitlement then please contact Daven on 01775 722261 or email or visit our offices or arrange an appointment to see Daven at 23 New Road, Spalding, Lincolnshire, PE11 1DH.

The Will Writing Company Limited image

The Will Writing Company Limited

It has been reported that The Will Writing Company Limited, whose registered office is at Ergo House, Mere Way, Ruddington Fields Business Park, Nottingham, have ceased to practise.

If you made Wills using this company then it is probably worthwhile making contact with them in order to retrieve your Wills. Once you have your Wills you may wish to make an appointment with one of the lawyers in our Wills, Lasting Power of Attorney and Probate Team in order to review your Will to ensure it still accords with your wishes. We also offer a Will storage facility which is free of charge.

To review your Will please contact one of our lawyers in the Wills, Lasting Powers of Attorney and Probate Department:-

Jane Mawer-
Jamie Dobbs-
Faye Blair-

Or telephone the office on 01775 722261 and ask to speak with one of the team.

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