Search

How can we help?

Icon

Paid annual leave can still be carried over when sickness prevents a worker from taking it

The European Court of Justice has recently reaffirmed, in the case of in Sobczyszyn v Szkola Podstawowa w Rzeplinie, that where a worker is unable to take their annual leave before the end of the holiday year due to sickness they will be entitled to carry it over to the following holiday year.

Workers will, therefore, continue to accrue holiday entitlements during sick leave and be permitted to rearrange any pre planned holiday where it coincides with any sickness.  It makes no difference whether the leave has been scheduled or booked – if sickness prevents the worker from taking annual leave he or she must be allowed to take holiday at a later date following recovery.

This decision comes as no surprise, but once again highlights the conflict between UK law (Working Time Regulations which state that annual leave can only be taken in the year to which it relates) and European law/ECJ’s views on the European Working Time Directive.  Given the current political climate and the impending Brexit negotiations, such conflict is unlikely to be addressed by the UK government anytime soon.  That said, ECJ’s rulings all have legal force in the UK until the Brexit negotiations are complete and therefore, employers must still remain compliant with EU laws in the interim  and thus ensure employees are able to carry forward paid annual leave where sickness has prevented that worker from taking such leave.

Employmentbuddy.com 

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 30 September 2026

Clarkslegal celebrates strong results in the Legal 500 UK 2027

Clarkslegal would like to thank its clients for the outstanding feedback that contributed to the firm’s recognition in the Legal 500 UK Solicitors 2027 Guide. We are proud to be recognised across five key practice areas: Litigation, Property, Corporate & Commercial, Employment, and Immigration.

art
  • 29 September 2026
  • Employment

New bereavement leave rights for pregnancy loss

The Government have announced that in April 2027 they will be introducing a new right to bereavement leave to include those who suffer pregnancy loss before 24 weeks. This has been announced in their response to their consultation on bereavement leave “Make Work Pay: Leave for bereavement including pregnancy loss”.

art
  • 25 September 2026
  • Employment

Consultation response on duty to inform workers of right to join a union

The Employment Rights Act 2025, makes it a requirement for employers to inform workers of their right to join a trade union at the same time as the Section 1 particulars are issued to them and at subsequent times. The details of this new duty are to be provided in regulations.

art
  • 24 September 2026
  • Public Procurement

Procurement challenges: What documents and information are bidders entitled to?

A tricky feature of public procurement challenges for unsuccessful bidders is that contracting authorities usually hold all the cards. When the outcome of a tender conducted under the Procurement Act 2023 has been decided, authorities must provide bidders with an Assessment Summary containing their scores for each of the award criteria and those of the successful bidder and an explanation for those scores.

art
  • 23 September 2026
  • Corporate and M&A

GDPR Privacy Policies: Key requirements for organisations

When an organisation is creating a website or app to reach users or potential customers drafting a Privacy Policy may be an afterthought. However, failure to write a Privacy Policy, which complies with the relevant legislation, can have serious consequences.

Pub
  • 17 September 2026
  • Employment

Employment law changes in 2026: What you need to know

Stay ahead of the latest UK employment law changes. Watch our on demand webinar with Monica Atwal and Harry Berryman covering key HR developments and employment law updates for 2026.