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Employment News Stringer & others v H M Revenue & Customs
Employment News Stringer & others v H M Revenue & Customs
| Stringer & others v H M Revenue & Customs |
| Written by Rachel Billen |
| Thursday, 16 April 2009 00:00 |
|
Stringer & others v H M Revenue & Customs This case relates to the holiday entitlement of workers who are on long-term sick leave. The European Court of Justice were asked to consider the rights of workers who had been on sick leave for the whole of a leave year. Was an employee or worker entitled to take statutory annual leave or receive a payment in lieu? According to the European Court of Justice: 1. annual leave accrues in the normal way and if it is not taken the worker will be entitled to receive a payment in lieu; 2. each member state may determine whether or not a worker may take paid annual leave during sick leave; and 3. any rule or regulation of a member state which prevents the carry over of annual leave after the end of the leave year in the circumstances is contrary to European law. As a result of this ruling, the Working Time Regulations in the UK will need to be amended to allow workers on long-term sick leave to carry forward their entitlement to annual leave and thereafter receive payment in lieu of that accrued leave on termination of employment. This Employment Law Article does not constitute legal or other professional advice and should not be relied on as such. You should take specific advice regarding your circumstances before taking any action based on the information contained within this Article. |
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Registered Office: 1 Manor Court, Dix's Field, Exeter, EX1 1UP. We trade under the name of Veitch Penny LLP, Veitch Penny, Veitch Penny Solicitors.
We are regulated by the Solicitors Regulation Authority
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