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The Sash Window Workshop Ltd and another v King [2014] UKEAT/0057/14

The Working Time Directive provides that member states ensure that every worker is entitled to paid annual leave. This is implemented by Regulations 13-16 Working Time Regulations, which provide that holiday must be taken in the leave year in respect of which it is due. In Pereda v Madrid Movilidad [2009] IRLR 959 the ECJ ruled that workers should be entitled to carry forward holiday, including to the next leave year, if they do not want to take holiday during a period of sickness. This led to the Court of Appeal in NHS Leeds v Larner inserting the words, that leave should be taken in the leave year in which it falls due, ‘save where the worker was unable or unwilling to take it because he was on sick leave and as a consequence did not exercise his right to annual leave’.

 

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