How Stringer tangled claims for holiday during sick leave

The House of Lords has confirmed that employees have a choice when bringing a claim for unpaid holiday. They can claim under the Working Time Regulations 1998 (WTR), or for unlawful deductions from wages under the Employment Rights Act 1996 (ERA). The decision applies to the full 5.6 weeks’ holiday entitlement under the WTR, as well as contractual leave. How it will work in practice is unclear, but there are ways in which employers can limit their exposure.They can ensure that employment contracts prevent employees accruing or taking contractual leave during sick leave. For statutory leave, employers need to review their policies and decide how to manage the issues arising from the case.
 

Language does not simply reflect what is going on in organisational life: it also influences what people think and what they do

Linda Holbeche, director of the Holbeche Partnership and visiting professor of HRM/OD at Cass Business School