Carrying over holiday from previous years

A worker was not entitled to accrued holiday pay on termination for earlier years when he was not prevented from taking it and did not ask for leave.
Shannon v Rampersad

Annual leave untaken because of sickness can be carried over for 18 months

A worker on sick leave can carry forward untaken leave into a new holiday year under the Working Time Regulations even if the worker was capable of taking annual leave. But this isn’t an unlimited right to carry over holiday into subsequent years indefinitely – the maximum period for which holiday could be carried over was 18 months from the end of the leave year in which the annual leave arose.
Plumb v Duncan Print Group Ltd

Carrying over holiday for reasons other than sickness

Does the principle of carrying over holiday if prevented from taking it due to sickness extend to other reasons? Maybe.
The Sash Window Workshop Ltd v King

Pay in lieu of statutory holiday on termination must reflect normal pay

The Working Time Regulations do not allow an employer to pay a token sum on termination in lieu of untaken statutory leave (in this case a contractual term providing for a token payment of £1). Any payment in lieu made must be equivalent to the pay the worker would have received had he or she taken the leave during employment.
Podlasiak v Edinburgh Woollen Mill Ltd

Additional statutory leave, carry over and sickness absence

In the absence of an agreement to the contrary, additional statutory leave cannot be carried over from one leave to the next.
Sood Enterprises Ltd v Healy

No need to request annual leave while off sick

Adding some clarity to a troublesome area of the law, the Court of Appeal has confirmed that a worker who is on long-term sick leave does not need to request to take statutory leave under the Working Time Regulations in a particular leave year in order to either carry it over until they return to work, or be paid for it on termination.
NHS Leeds v Larner
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