Updates on holiday pay, annual leave and sickness absence.

There have been notable employment cases this year with regards to holiday pay, annual leave and sickness absence, which have paved the way to significant legal decisions being made.

A case in Northern Ireland confirmed UK employers’ worst fears by stipulating that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an “appropriately permanent feature” of the worker’s remuneration.

As a Northern Ireland case, this decision is not binding on courts and tribunals in England. However in those jurisdictions it will be cited in holiday pay cases and may be persuasive.

Important decisions have also been made in a number of annual leave and sickness absence cases. European case law was applied to conclude that an employee who is on long-term sick can carry forward any untaken annual leave for up to 18 months from the end of the leave year in which the leave begins.

It was also held that there is no hard and fast rule that an employee must be physically unable to take statutory annual leave during sick leave. It is sufficient enough that the employee is on sick leave and therefore that annual leave will be carried forward.

For further advice or assistance on any Employment Law matters contact our Employment Law Specialist Umberto Vietri 01535 613674 umberto.vietri@awbclaw.co.uk
Umberto Vietri
Commercial and Employment Law
Tel: 01535 613 674