6. Case Law on Holidays

Changes in Holiday through Case Law

Case law is always developing the law. This has happened extensively in the area of holiday / annual leave. Case law has looked at and interpreted the Working Time Regulations (1998) to confirm how these regulations should be applied.

Detailed below are some of the key cases.

Accrual of Holiday While Off Sick

Should someone continue to accrue holiday when they are off sick? And can they carry this holiday forward to the next holiday year?

The simple answer is YES. Case law has confirmed that holiday does continue to accrue during periods of absence and that employees should be allowed to carry forward holiday if they cannot take it due to sickness absence. With regards...

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Some case law around annual leave.

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