EAT ruling on sick leave and holiday pay

10 July 2015

An EAT has held that an employee does not have to show that he was unable to take holiday because of sickness for it to be carried forward.

The ruling was made in the Plumb v Duncan Print Group Limited case.

Plumb took four years’ sick leave folioing an accident. Upon dismissal he sought payment for 60 days holiday from 2010-2012. The employment tribunal dismissed his claim, because he couldn’t show that his medical condition prevented him from taking leave.

The EAT overturned the finding on the basis that Article 7 of the Directive does not require an employee on sick leave to take holiday during the leave year.

However the EAT also ruled that such leave cannot be carried forward indefinitely, and may expire 18 months from the end of the leave year.

Plumb was therefor found to be entitled to payment in lieu of holiday for 2012 but not for 2010 and 2011.