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Holiday pay: No entitlement for those on more than 12 months' sick leave

This report relates to 1 case(s)

Key points

In Commissioners of Inland Revenue v Ainsworth and others, the Court of Appeal holds:

  • Workers absent through long-term sick leave who have exhausted their entitlement to sick pay are not entitled to four weeks' holiday pay when they have done no work during the leave year. This would give them an unjustified windfall not intended by the Working Time Regulations 1998.