Businesses may want to reconsider some of their employment policies following a ruling by the House of Lords that staff are entitled to accrue holiday entitlement while off work sick. An employee who resigns or is made redundant while off sick will be entitled to payment in lieu of holidays. This must be in addition to any redundancy payment. The ruling follows a long running case involving staff at Her Majesty’s Revenue and Customs. The Court of Appeal ruled that the staff were not entitled to accrue holiday entitlement while off sick but in January, the European Court of Justice said that decision was wrong. Now the House of Lords has also ruled in favour of the employees.
Andersons Solicitors