The Employment Appeal Tribunal has held that, where there is no express term in a contract of employment that the employer will pay the employee for any accrued but untaken flexitime on his or her departure, there is no need to imply such a term into the contract.
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.
Updated to take account of the revised NHS terms and conditions of service handbook (Agenda for Change) for NHS Scotland.
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.
HR and legal information and guidance relating to payments on termination.