Holiday pay and sick leave
by Sarah
Last week, the House of Lords made its ruling in the long running saga of Ainsworth or Stringer as some of you know it as. It ruled that employees who are off on long term sick accrue holiday and can claim the pay under the Working Time Regulations or as an unlawful deduction from wages claim going back up to six years provided the last of a series of deductions was within three months.
However, there was no ruling on whether or not employees can carry WTR holiday from one year to the next so this is yet to be tested, as under the Working Time Regulations you cannot roll over unused holdiay. In theory employees could also bring their breach of contract claim in the County Court within the six year limitation.
You can read the full judgment here. What remains to be seen if whether employers take action to dismiss employees off on long term sick sooner as a result.
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Very interesting blog. Thanks for the information.
Solicitors Wakefield said at June 15th, 2009 at 2:51 pm
[...] Apparently the EAT were persuaded to leave the Judgment as it stood given the impplications of Ainsworth and Stringer which as we reported has recently been [...]
Award for unused holiday » PJH Law - Employment Law Blog » Blog Archive said at October 28th, 2009 at 12:18 pm