Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Employment lawLatest NewsHR practiceEmployment tribunalsSickness absence

Holiday pay owed to employee on sick leave for year, tribunal rules

by Kat Baker 11 Mar 2010
by Kat Baker 11 Mar 2010

Employers must pay staff their full holiday entitlements if they are off sick for more than a year and are unable to take their leave, a tribunal has confirmed.

A Sheffield employment tribunal has ruled that James Rawlings, who was off sick for more than a year before leaving his company, was entitled to be paid his full holiday entitlements upon resignation because his absence from work had prevented him from taking his leave.

The ruling in the Rawlings v The Direct Garage Door Company case reaffirmed a judgment by the House of Lords last year in Stringer v HMRC.

The House of Loards held that workers could accrue holiday pay while on sick leave and that it could be carried forward to the next leave year â€“ despite the UK Working Time Regulations stating that it is unlawful for employees to carry over more than eight days.

Putting the judgment in the Stringer case into practice, the Sheffield tribunal found Rawlings, whose sickness absence lasted for the whole of 2005 and until he left the company in 2006, was entitled to be paid for the holiday he had been unable to take during the time off.

John Read, an employment law editor at XpertHR, said employees were now “reaping the rewards” of the Stringer verdict.

He said: “There is a real risk for employers now as the Stringer decision is being put into practice and employees are clearly seeing the benefits of it.”

He warned employers could face backdated claims from staff who have been off sick for a number of years and subsequently leave the company, who believe they have holiday pay owed to them. Under the Employment Rights Act, staff can claim against a series of unlawful deductions from their wages, as long as they make their claim within three months of the last deduction.

He said: “The effect of the Stringer case seems to be that an employee, on termination, can bring a claim for payment in lieu of holiday pay not taken, going back over previous leave years â€“ a series of unauthorised deductions. Although Rawlings claimed under two years’ holiday pay, employees who have been absent on sick leave for many more years should be able to claim their holiday pay for all previous leave years on termination.”

The Rawlings case had previously been stayed pending a decision in the Stringer case.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Judge Trayler said the claimant’s complaint about his holiday leave being deducted from his pay was “well founded” and ordered the company to pay the £1,554 owed in holiday pay.

The case also follows the Shah v First West Yorkshire ruling earlier this year in which an employee was told he should be paid for a four-week holiday he had previously booked but could not take because of his three months of sickness absence.

Kat Baker

previous post
Morrisons to create 20,000 new jobs over the next three years
next post
UK general election: what would a hung parliament mean for employers and employees?

You may also like

UK net migration slashed by half in one...

22 May 2025

The Law Society: Navigating the new world of...

22 May 2025

How neuroscience can unlock employee recognition

22 May 2025

HSBC employees warned of office attendance link to...

22 May 2025

Workplace stress: Why it’s time to rebrand resilience

22 May 2025

Restaurant tips should be included in holiday pay

21 May 2025

Fewer workers would comply with a return-to-office mandate

21 May 2025

Redefining leadership: From competence to inclusion

21 May 2025

Pay awards in real terms could fall for...

21 May 2025

Ryanair demands flight attendants pay back salary increase

21 May 2025

  • 2025 Employee Communications Report PROMOTED | HR and leadership...Read more
  • The Majority of Employees Have Their Eyes on Their Next Move PROMOTED | A staggering 65%...Read more
  • Prioritising performance management: Strategies for success (webinar) WEBINAR | In today’s fast-paced...Read more
  • Self-Leadership: The Key to Successful Organisations PROMOTED | Eletive is helping businesses...Read more
  • Retaining Female Talent: Four Ways to Reduce Workplace Drop Out PROMOTED | International Women’s Day...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+