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 

Monica Atwal

MANAGING PARTNER

View profile

+44 118 960 4605

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.

About this article

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.

Monica Atwal

MANAGING PARTNER

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 01 June 2023
  • Employment

Facts employees should know about their personal data

We previously published an article on facts an employer should know about holding personal data, so it is only fair that we also write about the other side of the coin – facts employees should know as individuals whose personal data is held by their employer.

art
  • 01 June 2023
  • Immigration

What is the Immigration Skills Charge (ISC) and how much do you have to pay?

The Immigration Skills Charge (ISC) is a levy on companies who sponsor migrant workers. This levy was imposed on 6 April 2017. The Government states that the charge has been levied to contribute towards addressing the skills gap in the local economy.

art
  • 26 May 2023
  • Employment

Avoiding discrimination in flexible working requests

The right to request flexible working is currently available to employees with at least 26 weeks’ service and is set to be extended further under new Government reforms.

art
  • 25 May 2023
  • Corporate and M&A

Management Buyout – Top 5 things to consider

A management buyout is a financial transaction in which a member of the management team purchases the company from its registered owner. MBO’s usually occur in private companies in an effort to enhance profitability and simplify strategies.

art
  • 25 May 2023
  • Employment

Carer’s Leave Bill set to become law

On 19 May 2023, the Carer’s Leave Bill had its third reading in the House of Lords, and upon receiving Royal Assent, will become law. There is not yet a date for the implementation of this bill, however it is likely that this will happen relatively quickly upon receiving Royal Assent, so is definitely one to keep an eye on.

art
  • 18 May 2023
  • Immigration

Navigating SOC Codes

When it comes to UK immigration, understanding the intricacies of the system is vital. One significant aspect of the process revolves around Standard Occupational Classification (SOC) codes. SOC codes play a crucial role in determining the eligibility for an individual to apply for a work visa, assessing skill levels, and matching individuals to appropriate job roles.