Stringer, Kilic, Thwaites, Ainsworth & Khan v HMRC - holiday entitlement while off sick - ECJ Case C520/06 AG's opinion - 24.1.08

The House of Lords referred this important case to the ECJ in December 2006. The key question concerns whether a worker on long term sick absence was nonetheless entitled to take or accrue annual leave, and, if his employment terminated, claim pay in lieu of such untaken leave?

The Court of Appeal said "no", holding that the Working Time Regulations 1998 do not allow a worker who is on long term sick leave to take or accrue statutory holiday.

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