A recent decision relating to the rules on carrying over annual leave accrued during sickness absence will be of interest to employers.

The decision in Plumb v Duncan Print Group Ltd suggests that 1 Accrued annual leave cannot be carried forward for an unlimited period; and 2 It can be accrued even if the reason for doing so is that the worker was unwilling (as opposed to unable) to use it during their sickness absence.

This decision provides helpful further clarification on the relationship between holidays and sick leave which has been plagued with uncertainty for some time.

For more information about holiday pay and sick leave please contact David Argent who is head of the employment law team at Lamb Brooks LLP based at Victoria House, in Winchester Street, on 01256 305534.

Alternatively, email him at david.argent@lambbrooks.com