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.

Free Wills Month in October image

Free Wills Month in October

Maples are pleased to announce that they are taking part in Free Wills Month throughout October. If you are aged 55 or over you can make your Will for free and have the opportunity to help one or more of the sponsoring charities in the process. Appointments are limited in number and are allocated on a first come first served basis.

For further details please contact a member of our Wills and Probate Department:-

Jane Mawer-
Jamie Dobbs-
Faye Blair-

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

Read More


Gemma Mayer LLB

"I would highly recommend Maples Solicitors, especially Gemma Mayer, for any conveyancing work. The level of support and professionalism was excellent at all times. I also felt if I needed to ask or clarify anything that it was not an issue. Buying and selling a house is stressful enough, but Gemma helped me through it step by step."

Anita Toal LLB BA

"I think you are brilliant. You can use my comments above. You are efficient, friendly and quite clearly very good at what you do. Mainly you don’t leave people hanging around too long for." "So easy to talk to her and she understood what I wanted. She put me at ease and I cant thank her enough"

James Turner BA

James Turner was extremely helpful with our buying process. Everything went smoothly. We are very happy with the level of professionalism demonstrated by the office. Highly recommended solicitors. Will definitely do business with them again.

Daven Naghen LLB

"Daven provided an excellent service, from attending the first interview with me to the final court appearance. He filled me full of confidence that he would defend me to which he did and come out with an excellent outcome in view of my position that I had put myself in."

Faye Blair LLB

Faye was excellent, sensitive and acted very well to the time constraints we faced. Great service and dealt with compassion at such sad times made the process less painful very professional.

Jamie Dobbs GCILEx

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.

Mike Pepper MA

Mike Pepper gave us excellent advice. He was always most helpful and accommodating giving lucid explanations every step of the way. Thank you Mike.

Donna Sandison FCILEx

Donna has been helpful and professional every step of the way during the process. Always on hand to answer any queries and totally professional and friendly at all times.