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Workers on long-term sickness entitled to be paid for annual holiday

Workers on sick leave for the whole leave year are entitled to 4 weeks’ paid holiday. Employers can decide whether the holiday is taken in the year that they are absent or in the subsequent year.

The European Court of Justice has reversed the Court of Appeal Judgment in Stringer v HMRC (previously known as Ainsworth v HMRC), which held that a “notional” holiday gives workers a windfall.

The House of Lords, which referred Ainsworth to the ECJ, will probably now reverse the Court of Appeal Judgment.

Since 27 October 2008, agency workers on contracts of 3 months or less have been entitled to statutory sick pay (ssp).

For information on ssp go to: www.dwp.gov.uk/lifeevent/benefits/statutory_sick_pay.asp


Employment Department

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