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NHS Leeds v Larner - carry forward of unused leave due to sick absence is not dependent on request

A worker is entitled to be paid on termination of employment in respect of unused holiday entitlement accrued during the previous leave year when the worker was sick and unable to take the leave. Such entitlement can be carried forward to the next leave year without the requirement for her to make a request to do so.

The Court of Appeal was asked to consider in what circumstances a worker, who has not taken paid annual leave in the relevant leave year because of absence from work on long term sick leave, is entitled to a payment in lieu.

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