Holidays and sickness

Topic Index
Overview
Pereda and Stringer
Tribunal decisions since Pereda and Stringer
EAT decisions considering leave and sickness
KHS AG v Schulte
What employers should do
Areas of uncertainty
Discrimination claims
Proposals for reform

Overview


  • Two cases in 2009, Pereda and Stringer, moved the boundaries of the law relating to holidays and sickness, with potentially significant consequences.
  • Since 2009, employment tribunals and the EAT have encountered a range of difficult issues as a result of these two cases.
  • Employers will be relieved that the ECJ's 2011 decision in KHS AG v Schulte confirms that workers on long-term sick do not accrue annual leave indefinitely.
  • Jamie Hamnett, a partner at Addleshaw Goddard LLP, explains the steps that employers should take when considering this issue.

 

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