Long term Sickness, Absense and Holiday Pay
The House of Lords judgment in the case of HMRC v Stringer was handed
down in June 2009.Earlier on in the year, as a result of the European
Court of Justice (ECJ) ruling, it was held that workers
accrue, and can take their statutory minimum holiday
entitlement, under the Working Time Regulations
whilst they are off sick. The statutory minimum holiday
entitlement is 5.6 weeks (equivalent to 28 days for a
5-day-a-week worker).
The House of Lords held that it was possible for workers to bring a claim under the Employment Rights Act as an unauthorised deduction of wages, if the employer has not paid holiday pay. This means that workers can bring a claim for holiday pay going back a number of years as a series of deductions, if there is a right of carry over, providing the claim is brought within three months of the last failure to pay holiday pay.
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