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A worker's annual leave can be carried over into the following holiday year if sickness absence prevents holiday from being taken. But what if a worker is prevented from taking leave for other reasons beyond their control?
Updated to include information on the Government's response to its consultation on reforms to public-sector exit payments.
Good practice guidance discussing how to give employees more control over their annual leave to increase employee engagement, and improve business efficacy by managing the holiday process.
A worked example setting how to calculate pay in lieu of holiday where an employee, in their first year of employment with the employer, terminates employment.
Two worked examples setting out how to calculate pay in lieu of holiday where an employee terminates their employment.
In The Sash Window Workshop Ltd and another v King  IRLR 348 EAT, the EAT allowed an appeal against a tribunal's ruling that a worker was entitled to pay in respect of untaken holiday that had accrued over more than 10 years up to termination.
The European Court of Justice has held that a payment must be made for accrued but untaken annual leave on the death of a worker.
In Sood Enterprises Ltd v Healy  IRLR 865 EAT, the Employment Appeal Tribunal held that workers on long-term sick leave who have not taken their annual holiday entitlement may not carry over the additional 1.6 weeks' leave to which UK workers are entitled without an agreement to do so.
This employer's laissez-faire approach to the carry-over of holiday into subsequent annual leave years resulted in an employment tribunal ordering it to pay an employee £4,272 in holiday pay when she was made redundant.
This employment tribunal held that employers should not circumvent the requirement to pay a departing worker for holiday that he or she has accrued but not taken by providing in the contract of employment that the worker will be entitled only to a nominal sum.
HR and legal information and guidance relating to accrued salary and holiday pay.