Inland Revenue v Ainsworth and others: CA 22 Apr 2005

The court considered the calculation of hours under the Regulations when the employee was on extended sickness leave of absence.
Held: Once an employee had exhausted their sick pay entitlement, it was not open to them in addition then to claim holiday pay in respect of the period for which he had been absent from work.


[2005] ICR 1149, [2005] EWCA Civ 441, Times 16-May-2005




Working Time Regulations 1998


England and Wales


Appeal fromCommissioners of Inland Revenue v Ainsworth, Kilic, Stringer, Thwaites EAT 4-Feb-2004
EAT Working Time Regulations – Holiday pay . .

Cited by:

See AlsoStringer and Others v Her Majesty’s Revenue and Customs; Schultz-Hoff v Deutsche Rentenversicherung Bund ECJ 20-Jan-2009
(Grand Chamber) Several employees claimed that having been absent from work sick, they were entitled to carry forward their unused holiday entitlements, or if a former worker, to pay in lieu under the Working Time directive.
Held: The workers . .
At Court of AppealRevenue and Customs v Stringer, Ainsworth and Others HL 10-Jun-2009
In each case, the employee had retired after long term sickness. The Employment tribunal had upheld their ability to claim arrears of sickness pay arising under the 1998 Regulations, as an unlawful deduction from their wages. They now appealed . .
CitedRussell and Others v Transocean International Resources Ltd and Others SC 7-Dec-2011
The appellants worked on various shifts for the defendants in off-shore oil-fields. They were given on-shore rest breaks, which the employers said should count toward their holiday entitlements.
Held: The Court dismissed the employees’ appeal . .
Lists of cited by and citing cases may be incomplete.


Updated: 29 June 2022; Ref: scu.224328