WELCOME TO CHARLES RUSSELL SPEECHLYS.
We would like to place strictly necessary cookies and performance cookies on your computer to improve our website service.
Otherwise, we'll assume you are OK to continue. Please close this message
What is the extent of employers’ liability to pay holiday pay or carry forward accrued holiday when employees are sick whilst on holiday or are absent for extended sickness or injury?
Although the Government has not yet published its response regarding the proposed amendments to annual leave legislation, the string of high profile cases over recent years provides guidance, which answers most holiday pay and sickness absence questions, but not all!
The right to minimum holiday and holiday pay is set out in the Working Time Regulations 1998 (the WTR), which derives from the EU Working Time Directive (the Directive). National Courts refer questions of EU law to the European Court of Justice (the ECJ), which is the highest Court in Europe, and determines European law. Domestic Courts then interpret the resulting ECJ decision to the facts of any case before it. The ECJ consistently applies EU law across the whole of the EU, making its decisions in respect of referrals from any EU country relevant to the interpretation of our domestic law.
The number of judicial references to the ECJ from the UK and other EU countries on the question of holiday pay and sickness has left a footprint for practitioners to understand how Courts will enforce holiday leave and pay entitlements going forward. It is likely that in the next 12 months this will then be reflected in the domestic legislation.
This note summarises how employers should deal with holiday pay and sickness absence and top tips to stay on top as this area of employment law develops.
A quick canter though the case law gives rise to the following useful conclusions:
The 2011 Consultation on Modern Workplaces proposes the following changes:
This article was written by Emma Bartlett.