Island Life Magazine Ltd December 2015 / January 2016 | Page 127

LEGAL Roach Pittis advice By Chris Prew Roach Pittis Solicitors, 60 - 66 Lugley Street, Newport, PO30 5EU 01983 524431 [email protected] Holiday entitlement during sickness “Am I entitled to Holiday Pay when I am off work sick?” The Employment Appeal Tribunal (EAT) considered this in the case Plumb v Duncan Print Group Limited. Mr Plumb took four years sick leave following an accident at work. Upon his dismissal he sought payment of 60 days total accrued annual leave covering three years. The EAT dismissed the claim on the basis that a worker actually has to establish that they were unable to take their holiday pay because of their medical condition. In this case no medical evidence was produced by Mr Plumb and the Court drew inferences from the fact that he was able to continue working in another weekend job. The EAT considered the following issues: • Does an employee on sick leave need to establish that their sickness prevented them from taking their holiday? On this issue the EAT held that it is not a requirement for an employee on sick leave to demonstrate that their sickness prevented them from taking their holiday. They could be unable or unwilling to take it and should still be entitled to carry this forward to a later date. It is important to note that this case only concerned the four weeks’ leave granted by Regulation 13 of The Working Time Regulations 1998 and did not concern additional leave under Regulation 13a. • Is there any limitation period for which unused annual leave can be carried forward? The EAT concluded that such leave cannot be carried forward indefinitely and should be limited to an 18 month period following the leave year in question. This offers some certainty for employers looking to calculate their potential exposure with regard to employees’ claims for accrued holiday pay. This decision offers some valuable guidance to employers as to how they should treat holiday pay in situations where an employee has been on sickness absence for a significant period of time. Both parties have been granted permission to appeal to the Court of Appeal and it will be i