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Holiday entitlement
02 August 2011
The Employment Appeals Tribunal in the case of NHS Leeds v Larmer has ruled that a worker who was off sick for an entire working year and who had not used holiday entitlement whilst off sick, was entitled to be paid unused statutory holiday entitlement on termination of employment. The worker did not lose this right, even though the worker failed to request holiday whilst off sick. This ruling is in line with the European Court of Justice’s decision in Pereda v Madrid Movilidad SA.
The Working Time Directive provides that every worker from an EU member state is entitled to be paid annual holiday of at least four weeks. This was implemented into Great Britain by the Working Time Regulations 1998, which provides workers with the right to take 5.6 weeks paid holiday in each working year.
If you would like advice on holiday entitlement and your rights upon termination of employment, please contact the Howell Jones' Employment Team.
Ellen Crabtree, Solicitor, Employment Team
