Ainsworth v HMRC (now Stringer v HMRC) - Annual leave for workers on long-term sick leave

 

The Advocate General has handed down his opinion on  the above case  which concerned  the right to accrual of statutory annual leave when an employee is on long-term sick leave. The issue was referred to the European Court of Justice by the House of Lords.  The Advocate General   has stated:

 

• statutory paid holiday accrues even when an employee is on sick leave
  workers may not take leave while they are on sick leave
• if the contract ends, a compensatory payment should be paid to the worker to reflect untaken holiday even if the worker has been away for the entire holiday year.

The full court decision is now awaited.  Unfortunately, there is still no clarification as to whether a worker may take statutory annual leave if the return to  work from sick leave   is after the holiday year as ended.

 

Click here-for the Advocate General's decision