EAT CONTRACT OF EMPLOYMENT – Sick pay and holiday pay
Working Time Directive 2003/88/EC Article 7; Working Time Regulations: holiday pay accrued when on sick leave. The Claimant sought payment in lieu of holiday pay, under WTR 13 and 13A, which he claimed had accrued during a period of illness prior to his resigning from his employment. He sought holiday pay which had accrued in two leave years. He made no request for holiday pay during the first year. The Employment Tribunal found in his favour. The Respondent argued that the Directive was effective only against emanations of the state, and that in any event only sums due under regulation 13 were due. Held that the Directive does have effect only against an emanation of the state; that the regulations can and should be read so as to give effect to the Directive; that Claimant is entitled to payment in lieu of holiday pay for the first year to the extent 9 days; and for the part of the second year in which he was employed, to the extent of 14 days.
Lady Stacey
[2013] UKEAT 0015 – 12 – BI – 1403
Bailii
England and Wales
Employment
Updated: 18 November 2021; Ref: scu.514152
