Member Article

Tipster: If a worker makes no holiday request during long term sick leave are they still entitled to statutory holiday pay?

As part of a new feature bdaily will provide regular quick tips that have been contributed by businesses. Today, David Gibson from Crutes Law Firm, a regular contributor, enlightens us on the following topic:

If a worker makes no holiday request during long term sick leave are they still entitled to statutory holiday pay?

The clear answer to this is yes. The worker was absent for a period of a whole year, did not submit a request for annual leave before the year end but was still entitled to receive statutory (but not necessarily contractual) holiday pay. The reason for this is a person off sick should not be placed at a disadvantage due to their illness and is still entitled to have the opportunity to have their annual leave. Therefore, holiday entitlement should have been carried over to the following year to enable her (as the Court stated) to have the right to “enjoy a period of relaxation and leisure”.

It is likely that the government will be formulating legislation that will give effect to this wording and this will hopefully clarify the situation for employers and workers.

For further information about this tip or to learn more about Crutes’ services contact David Gibson on 0191 233 9762.

This was posted in Bdaily's Members' News section by David Gibson .