Docklands Solicitor
Latest legal news from Docklands Solicitors, Kaslers Solicitors LLP.
Saturday, 10 April 2010
Employment Tribunals
In the recent case of Shah v First West Yorkshire it was confirmed by the Employment Tribunal that where an employee was on sick leave and was therefore unable to take his/her full entitlement of holiday leave, the employee was allowed to carry over the un-used holiday into the next holiday year.
The ET stated in the case that under the Working Time Regulations, Regulation 13(9) ?Save where a worker has been prevented by illness from taking a period of holiday leave, and returns from sick leave, with insufficient time to take that holiday leave within the relevant leave year; in which case, they must be given the opportunity of taking that holiday leave in the following leave year.?
This case marks a significant victory for employees. Employers can now expect to be faced with requests, to carry over unused holiday leave in similar circumstances.
The ET stated in the case that under the Working Time Regulations, Regulation 13(9) ?Save where a worker has been prevented by illness from taking a period of holiday leave, and returns from sick leave, with insufficient time to take that holiday leave within the relevant leave year; in which case, they must be given the opportunity of taking that holiday leave in the following leave year.?
This case marks a significant victory for employees. Employers can now expect to be faced with requests, to carry over unused holiday leave in similar circumstances.
Labels: employment tribunals, holiday entitlement, legal advice, working time regulations
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