Sickness Absence and Holiday Pay

legal_updates

Holiday pay does continue to accrue during periods of absence, and that the accrued amount can be carried over into the next leave year.

Author: Dennis Chapman
Published:
Reading time: 1 minute

This article is 8 years old.

Read our disclaimer keyboard_arrow_down

This website content is intended as a general guide to law as it applies to the motor trade. Lawgistics has taken every effort to ensure that the contents are as accurate and up to date as at the date of first publication.

The laws and opinions expressed within this website may be varied as the law develops. As such we cannot accept liability for or the consequence of, any change of law, or official guidelines since publication or any misuse of the information provided.

The opinions in this website are based upon the experience of the authors and it must be recognised that only the courts and recognised tribunals can interpret the law with authority.

Examples given within the website are based on the experience of the authors and centre upon issues that commonly give rise to disputes. Each situation in practice will be different and may comprise several points commented upon.

If you have any doubt about the correct legal position you should seek further legal advice from Lawgistics or a suitably qualified solicitor. We cannot accept liability for your failure to take professional advice where it should reasonably be sought by a prudent person.

All characters are fictitious and should not be taken as referring to any person living or dead.

Use of this website shall be considered acceptance of the terms of the disclaimer presented above.

It has been widely reported that holiday pay does continue to accrue during periods of absence, and that the accrued amount can be carried over into the next leave year.

However this is all in relation to the Employees statutory entitlement, and not any other additional contractual leave that the employer may offer.

In a recent case, it was discussed if additional annual leave is also automatically carried over as well. The Employment Appeal Tribunal ruled that it was not, and that any additional leave over and above the Employees statutory entitlement can only be carried over if it has been mutually agreed between the parties. In the absence of any agreement, the additional holiday will not carry over.

Dennis Chapman

In remembrance of Dennis Chapman 1951 -2015

Read more by this author

Getting in touch

You can contact us via the form or you can call us on 01480 455500.