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 daven.naghen@maplessolicitors.com or visit our offices or arrange an appointment to see Daven at 23 New Road, Spalding, Lincolnshire, PE11 1DH.


How Banks are Cashing in on Wills image

How Banks are Cashing in on Wills

Recent headlines have reported how banks are now cashing in on Wills.

During the 1990s and early 2000s, banks offered customers low cost Wills (or sometimes even free Wills) but the small print allowed the bank to charge extortionate rates to act as Executors. It is reported that banks are expecting billions of pounds of revenue from their Will writing services and administering estates and in some cases their fees have been over £12,000 to administer an estate as they look to charge a fixed fee PLUS a percentage of the deceased’s wealth.

If you or a loved one has made a Will through a bank we would urge you to check who you have appointed as Executors and check any small print which you may have signed. If you are unsure then please speak with one of our lawyers in the Wills and Probate team who can look at your existing Will with you. It may be appropriate to make a new Will which revokes any previous Will you have made which could save your family thousands of pounds when your estate needs to be administered.

In the majority of cases, when someone has passed away we can provide the family with a quote of how much the legal fees will be so that there are no nasty surprises once the administration is complete.

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Over the last forty years I have cause to deal with many law firms both in a personal and professional capacity, including some ‘top’ London Companies. In all of those dealings I have never found anyone as proactive and so willing to offer help and advice as Jamie Dobbs. During the last two years Jamie guided my parents through the completion of Lasting Powers of Attorney. Helped myself with the use of the LPA and recently dealing with Probate and Estate Administration following their death.

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