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House of Lords confirms long-term sick workers’ rights to statutory holiday pay

The House of Lords has confirmed the Judgment of the European Court of Justice in HMRC v Stringer, Ainsworth and Others (see “Workers on long-term sickness entitled to be paid for annual holidays” below).

In so doing, the House of Lords reversed the Court of Appeal Judgment in Stringer.

The House of Lords held that workers on sick leave who are away for the whole leave year retain their entitlement to statutory holiday pay and workers who request holiday leave when off sick, are entitled to be paid for the requested period.

The House of Lords Judgment allows workers to bring these claims under the deduction from wages provisions of the Employment Rights Act 1996. This will entitle workers to bring claims that go back a considerable period of time, if the alleged underpayments are part of a series.


Employment Department

Raj Dhokia: r.dhokia@fglaw.co.uk