In Bollacke v K+K Klaas & Kock BV & Co KG  IRLR 732 ECJ, the ECJ held that the Working Time Directive prevents the entitlement to pay for accrued but untaken leave being lost on the death of the relevant worker. In addition, the right to claim payment in respect of such accrued but untaken leave does not attach to the person of the worker who has died, but can be claimed by the worker's estate.
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 Vision Events (UK) Ltd v Paterson EAT/0015/13, the EAT in Scotland held by a majority that an employer was not obliged to pay an employee for accrued flexitime hours on termination as there had been no express term in the contract requiring payment and no such term could be implied.
Use this death of a worker workflow to deal with the administrative, legal and practical steps that an employer must consider and undertake when it is notified that one of its workers has died.
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.
HR and legal information and guidance relating to payments on termination.