Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • 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

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Learning & training
    • Pay & benefits
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • 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

Employment lawEquality, diversity and inclusionDisabilityLatest NewsSickness absence

No holiday rights for people on long-term sick leave

by Michael Millar 27 Apr 2005
by Michael Millar 27 Apr 2005

In a landmark decision the Court of Appeal has ruled that workers on long-term sick leave do not accrue the right to paid holiday.

However, the case, Commissioners of Inland Revenue v Ainsworth, may have far-reaching consequences as judges made clear that regulations allowing staff paid holiday are only applicable to people who are actually at work.

The Working Time Regulations 1998 (WTR) give workers the statutory right to four weeks paid holiday.

Under a controversial decision in Kigass Aero Components v Brown (2002) the Employment Appeals Tribunal held employees were entitled to be paid their holiday entitlement even if they had been off sick all year.

This has now been overturned, with the Court of Appeal deciding the regulations were not meant as a ‘windfall’ for workers.

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.

Chris Davis, from Halliwell’s law firm, said changes to holiday and sickness policies will be needed as claims for any accrued holiday will now be affected by attendance records.

However he warned that care will be needed when putting this new statement of the law into practice as contracts of employment which offer greater rights for employees would supercede the ruling.

Michael Millar

previous post
BAE Systems to recruit former Rover workers
next post
Departments’ merger creates single UK tax body

You may also like

Day one rights to make 86% more cautious...

14 Sep 2025

Barclays Bank boss warns Reeves over public sector...

12 Sep 2025

MPs probe Asda financial links with workplace lender

12 Sep 2025

Companies named for failing to report gender pay...

12 Sep 2025

Business rates rises could put 100k retail jobs...

12 Sep 2025

How to steer EDI through a ‘permacrisis’

12 Sep 2025

Immigration: ‘Hyundai factory raid is threat to US...

12 Sep 2025

Sainsbury’s manager awarded £60k following colleague’s aggressive behaviour

11 Sep 2025

Slightly shorter working week could reap big benefits

11 Sep 2025

Immigration: record number of sponsor licences revoked

11 Sep 2025

  • Workplace health benefits need to be simplified SPONSORED | Long-term sickness...Read more
  • Work smart – stay well: Avoid unnecessary pain with centred ergonomics SPONSORED | If you often notice...Read more
  • Elevate your L&D strategy at the World of Learning 2025 SPONSORED | This October...Read more
  • How to employ a global workforce from the UK (webinar) WEBINAR | With an unpredictable...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 Live
Employee Benefits
Forum for Expatriate Management
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
    • Recruitment & retention
    • Wellbeing
    • Occupational Health
    • 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