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Holiday and Sickness

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The current “hot topic” in employment law continues to be entitlement to holiday.

Following on from similar European cases, the Employment Tribunals have decided that the Working Time Regulations allow an employee who is ill during a period of pre-booked holiday leave to reschedule that holiday leave to a later date.

If the employee is prevented, due to illness, from rescheduling that leave before the end of the current leave year, the Tribunal also held that they would be entitled to carry that holiday forward to the next leave year.

Employers should note that depending on what the contract of employment says, this decision may only apply to statutory (rather than contractual) holiday.

If you believe this situation applies to you please contact the team for further advice (Shah v First West Yorkshire Limited ET/1809311/09).

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