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HOLIDAY PAY: Use it or lose it

10 February 2012  

Sarah Hogg considers the latest in the long line of cases on whether employees on long-term sick leave are entitled to holiday pay

There have been a number of cases over recent years on the question of whether employees should accrue and receive an entitlement to holiday pay while absent on sick leave. The recent Employment Appeal Tribunal case of Fraser v Southwest London St George’s Mental Health Trust [2011] considered whether the right accrues even if the employee has not requested holiday. After considering the somewhat contradictory line of case law, the EAT held that employees do accrue the right to claim annual leave during any long-term sick leave, but will lose the entitlement if they do not request annual leave in the year in question.

Additional Info

  • Case(s) Referenced:

    Canada Life Ltd v Gray [2004] UKEAT/0657/03

    Fraser v Southwest London St George’s Mental Health Trust [2011] UKEAT/0456/10

    KHS AG v Schulte [2011] EUECJ C-214/10

    List Design Group Ltd v Douglas [2002] UKEAT/0966/00

    NHS Leeds v Larner [2011] UKEAT/088/11

    Pereda v Madrid Movilidad SA [2009] EUECJ C-277/08

    Revenue and Customs v Stringer & ors [2009] UKHL 31

Last modified on 23 June 2015