Overview

An Employment Tribunal has confirmed that an employee who is unable to take his pre-booked holiday due to sickness should be allowed to carry over his leave entitlement to the following leave year.

Under regulation 13(9) of the Working Time Regulations 1998 (WTR), leave can only be taken in the leave year in respect of which it is due. However, in Pereda v Madrid Movilidad SA, reported in our Employment Update last year, the European Court of Justice confirmed that under the Working Time Directive, workers who are sick during a period of annual leave are entitled to take that leave at a later date which, if it cannot be rescheduled in the current leave year, may be in a subsequent leave year. This ruling has now been applied by an Employment Tribunal in the UK.

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