No holiday pay for long-term sick
Your support helps us to tell the story
From reproductive rights to climate change to Big Tech, The Independent is on the ground when the story is developing. Whether it's investigating the financials of Elon Musk's pro-Trump PAC or producing our latest documentary, 'The A Word', which shines a light on the American women fighting for reproductive rights, we know how important it is to parse out the facts from the messaging.
At such a critical moment in US history, we need reporters on the ground. Your donation allows us to keep sending journalists to speak to both sides of the story.
The Independent is trusted by Americans across the entire political spectrum. And unlike many other quality news outlets, we choose not to lock Americans out of our reporting and analysis with paywalls. We believe quality journalism should be available to everyone, paid for by those who can afford it.
Your support makes all the difference.Thousands of sick workers will no longer be able to claim holiday pay, following a Court of Appeal ruling, employment experts warned this weekend.
Thousands of sick workers will no longer be able to claim holiday pay, following a Court of Appeal ruling, employment experts warned this weekend. Judges ruled that employees off work sick for a lengthy period do not have an automatic right to four weeks of annual leave, the basic entitlement under Working Time Regulations.
The judges said workers forfeited holiday rights in years when they were completely unable to work due to ill health. The ruling also means long-term sick employees will not be entitled to claim compensation for holiday they have not taken, if they are made redundant.
The judgment reverses the ruling of an employment appeal tribunal in 2002, which said staff should still be able to claim holidays, or pay in lieu, even if they had been off work for more than 12 months.
"The court is saying that the statutory right to leave and holiday pay must be tied to the contribution that the worker makes to the employer's business," said John Davies, head of business law at the Association of Chartered Certified Accountants. "If the worker is absent on long-term sick leave and makes no active contribution, then he or she does not qualify for the standard rights under the regulations."
All employees are entitled to four weeks of paid annual leave, including bank holidays, once they have worked for an employer for at least 13 weeks.
Join our commenting forum
Join thought-provoking conversations, follow other Independent readers and see their replies
Comments