The Employment Appeal Tribunal has held that, in the absence of an agreement to the contrary, the extra 1.6 weeks' annual leave to which UK workers are entitled under the Working Time Regulations 1998 does not carry over to the following leave year when a worker is on long-term sick leave.
The European Court of Justice has held that German legislation allowing for a carry-over period for untaken holiday of nine months, with the result that public servants forfeit their leave if it has not been taken within the period of nine months after the end of the leave year because of sickness, is unlawful.
The European Court of Justice has said that it is contrary to the Working Time Directive (03/88/EC) for national legislation to make entitlement to paid annual leave conditional on a worker having worked a minimum of 10 days for the same employer in the holiday year.
The European Court of Justice has confirmed that the Working Time Directive (03/88/EC) does not require an unlimited accumulation of a worker's paid annual leave during a period of long-term sickness absence.
A model contract clause on holiday pay on termination for fixed-term employees.
A tribunal held that Mr Rawlings, whose sickness absence lasted the whole of 2005 and until his departure in 2006, was entitled to be paid for the holiday he had been unable to take due to that absence.
In HM Revenue and Customs v Stringer and others sub nom Commissioners of Inland Revenue v Ainsworth and others  IRLR 677 HL, the House of Lords held that a claim for unpaid holiday due under the Working Time Regulations 1998 can be brought as an unlawful deductions from wages claim under ss.13 and 23 of the Employment Rights Act 1996.
HR and legal information and guidance relating to accrued salary and holiday pay.