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Employers face warning on long-term sick leavers

An employee who was unable to take all his holiday leave before the end of the tax year because of injury has won the right to carry it over, following a landmark case.

The ruling could have significant employment law implications in terms of how employers treat staff on long-term sick leave.

Employment law expert Anthony Cooper, a partner at Blake Lapthorn, told Payroll World: ‘This decision is not binding... the case does however show how other employment tribunals might be inclined to decide similar disputes.’

Mr Shah, a worker at First West Yorkshire, took his employer to a tribunal after being told he could not claim back holiday scheduled to be taken during a period he eventually spent on sick leave.

A decision by the European Court of Justice last year means public sector workers are entitled to carry over leave which they had been unable to take because they were on sick leave, but this is not binding on private sector employers.

In this instance, the Employment Tribunal followed the approach taken in another recent case and made the European legislation applicable to the private sector.

Mr Cooper added: ‘Private sector employers still have the option to refuse – although this is clearly not a risk-free approach.’
23/03/10