The Court of Appeal has held that an NHS worker who was absent for the whole leave year and who did not submit any requests for annual leave during her absence was entitled to holiday pay on the termination of her employment.
In KHS AG v Schulte  IRLR 156 ECJ, the ECJ held that limitation of the right of workers on long-term sick leave to accumulate paid annual leave is not contrary to the Working Time Directive.
Practical guidance on making payments in lieu of notice, including contractual PILON clauses; taxation of payments; settlement agreements; garden leave; and calculation of redundancy pay.
The Court of Appeal has held that a debt claim for a company's failure to provide pay in lieu of notice to a former employee could not be defended by the discovery after the termination of employment that he committed gross misconduct while in employment.
In Fraser v Southwest London St George's Mental Health Trust  IRLR 100 EAT, the EAT held that, in order for an employee to claim unpaid wages in respect of annual leave during a period of sickness absence, it was necessary for her to have given formal notice of the leave and for the leave actually to have been taken.
In NHS Leeds v Larner  IRLR 894 EAT, the EAT held that a worker who was absent for the whole leave year and who did not submit a request for annual leave before the end of the leave year was nevertheless entitled to carry over her leave entitlement into the following year.
HR and legal information and guidance relating to payments on termination.