Another Case on Long-Term Sick Leave/holiday pay

25th January 2012
Another Case on Long-Term Sick Leave/holiday pay image

Another Case on Long-Term Sick Leave and Holiday P

In the recent case of Fraser –v- Southwest London St George’s Mental Health Trust the Employment Appeal Tribunal (EAT) held that an employee on long-term sick leave must request annual leave to be entitled to payment for it.  Therefore staff who remain on long-term sick leave, are not automatically entitled to holiday pay unless they request annual leave in the same way as say an employee who is not on sick leave.

Daven Naghen, head of our Employment Team commented as follows:-

“There have been a number of cases on this point, and now the EAT has clarified the matter.  In essence employees on long-term sick, like employees who are not off sick, have to use it or lose it in terms of holiday – they must request it or else they lose the right to holiday pay.  From a good relations point of view, an employer should ensure that its holiday policy and sickness policy include clear references to the fact that an employee on long-term sick leave will need to request holiday in the usual way or else the employee shall lose his or her entitlement to holiday pay.”

If you require any advice on this topic then please contact Daven on 01775 722261 or email daven.naghen@maplessolicitors.com or contact him at 23 New Road, Spalding, Lincolnshire PE11 1DH


Dementia Friends image

Dementia Friends

Maples Solicitors are proud to announce that they have now joined to become Dementia Friends which is an Alzheimer’s Society initiative.

The private client department of Maples Solicitors prepare Wills and Lasting Powers of Attorney on a regular basis and this often involves dealing with clients who are suffering from dementia. The private client team pride themselves on spending as much time as is necessary to assist all of their clients, but those suffering from dementia often require additional assistance and time to ensure that they have fully understood the legal documentation that they are creating. The private client department are regularly complimented on the way they deal with such clients, whether this be explaining things to them in a clear and uncomplicated manner, spending time with them or putting them at ease.

It is a misconception that anyone suffering from dementia cannot make a Will or Lasting Power of Attorney. Only if someone lacks sufficient mental capacity are they unable to make such a document. It is therefore vitally important upon any diagnosis of dementia that legal advice is taken as soon as possible to make sure that your affairs are in order so that it is easier for your family to deal with your affairs if you are unable to do so yourself.

To become Dementia Friends, Maples Solicitors have pledged to develop their understanding of dementia and continue assisting clients suffering from dementia with their legal affairs in a respectful, friendly and efficient way that is not daunting making the process as easy as possible.

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Gemma Mayer LLB

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James Turner BA

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Daven Naghen LLB

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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.