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Working time: Worker entitled to holiday pay in respect of leave if notice given and leave taken

This report relates to 1 case(s)

In Fraser v Southwest London St George's Mental Health Trust [2012] 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.

Key points

  • It was not possible for the employee to bring a claim in respect of holiday pay where the leave had not actually been taken and no notice of the leave had been given under reg.15 of the Working Time Regulations 1998.