Docklands Solicitor

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.

Labels: employment tribunals, holiday entitlement, legal advice, working time regulations

How crazy is that !

You run a residential home and employ a care worker

She works only 8 hours a week but sleeps over 7 nights a week in a flat provided for her for free and is ?on call? for 11 hours overnight

She is ?called? on average once every 2 weeks

How many hours per week does she work as far as the Working Time Regulations (WTR) and the National Minimum Wage (NMW) legislation is concerned.

WTR - You guessed it. She has a working week of 85 hours (the eight hours actually worked, plus 77 on call) - more than the 48 hour limit on average weekly working hours.

NMW - She has a working week of 85 hours less the time when she was actually asleep. Ask her when she dozed off and when she awoke. Pay her the NMW for all that time less those sleeping hours

Labels: working time regulations