Payments on termination

New and updated

• Working time: Relationship between annual leave entitlement and sickness absence

  Date:

  10 March 2009

  Type:

  Law reports

  In Schultz-Hoff v Deutsche Rentenversicherung Bund; Stringer and others v Her Majesty's Revenue and Customs Cases C-350/06 and C-520/06 ECJ, the ECJ has held that the Working Time Directive allows member states to prevent workers from taking annual leave during periods of sickness, provided that they are permitted to take it at some other time. If sickness prevents a worker from taking his or her annual leave entitlement, it must be carried over into the next leave year. Workers whose employment is terminated cannot have their payment in lieu of annual leave reduced on account of a period of sickness prior to the dismissal.

• Stringer and others v HM Revenue and Customs sub nom Commissioners of Inland Revenue v Ainsworth and others; Schultz-Hoff v Deutsche Rentenversicherung Bund [2009] IRLR 214 ECJ

  Date:

  21 January 2009

  Type:

  Law reports

  The European Court of Justice has held that the right to paid annual leave continues to accrue during sick leave and, on termination of the employment relationship, a worker who has been on sick leave and unable to take paid annual leave is entitled to a payment in lieu.

• If an employee receives a payment in lieu of notice, will his or her annual leave entitlement accrue up to the termination date, or the end of the notice period?

  Type:

  FAQs

• Contract clause on holiday entitlement and pay on termination

  Type:

  Policies and documents

  A model contract clause on holiday entitlement and pay on termination.

• Morrish v NTL Group Ltd

  Date:

  19 July 2007

  Type:

  Law reports

  In Morrish v NTL Group Ltd [2007] CSIH 56 CS, the Court of Session has held that a pay in lieu of notice clause could not be implied into a contract of employment.

• Unfair dismissal compensation: Norton Tool not general authority for awarding more than actual loss

  Date:

  16 February 2007

  Type:

  Law reports

  In Burlo v Langley and another [2006] EWCA Civ 1778 the Court of Appeal holds that an employee's compensation for lack of notice was restricted to her actual loss where she would have been in receipt of statutory sick pay during the notice period.

• Where an employee resigns but does not work the required notice period, is the employer under any obligation to pay him or her for this period?

  Type:

  FAQs

• Will an employee accrue holiday during his or her notice period?

  Type:

  FAQs

• Where an ex-employee owes money for personal calls made from a company mobile phone can the amount owing be deducted from his or her final salary payment?

  Type:

  FAQs

• Case round-up: Unenforceable contract clauses

  Date:

  23 August 2005

  Type:

  Law reports

  This week's case round-up from Eversheds, covering unenforceable contract clauses.