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Holiday pay: Workers on long-term sickness absence were entitled to holiday pay

This report relates to 1 case(s)

In Kigass Aero Components Ltd v Brown, Bold Transmission Parts Ltd v Taree and Macredie v Thrapston Garage [2002] IRLR 312, the EAT holds that workers on long-term sick leave, so long as they continued to be employed, continued to accrue holiday entitlement and could claim holiday pay under the Working Time Regulations 1998 even in circumstances where they had been absent from work throughout the particular leave year and where their contractual sick pay had run out. Entitlement to annual leave under the Regulations arises if a claimant is, or has been, a worker during the whole or part of the leave year, and the only requirement upon a worker who wanted to exercise this right to leave was that he or she had to give proper notice under the Regulations. There was no requirement that some work needed to have been done.