Developing people to their full potential
Working Time regulations
23/02/2009
The long-awaited European Court of Justice decision on Stringer v HMRC (formerly Ainsworth v Commissioners of the Inland Revenue) was delivered at the end of January. The decision covered two main
questions: when on sick leave can workers take paid statutory holiday & can statutory holiday accrued in sick leave be carried over to another year. The ECJ said that UK legislation can prevent workers from taking statutory holiday while on sick leave. But they do accrue the holiday for the entire duration of sick leave and must be allowed to take it on their return to work, and that can carried over to the next year when the sick leave straddles the year end/beginning.
This does not fit the provisions of the UK's existing Working Time Regulations (WTR) where the principle is: use it or lose it. Now the House of Lords will have to deal with this issue when the case returns there for its final conclusion. The ECJ's decision has potentially serious financial and practical consequences for employers. MDN Fusion Ltd will be monitoring professional and legal comment and any decisions from the House of Lords.