| Jenny Wilson, employment lawyer at Pinsent Masons, explains the impact of the Stringer and Pereda cases on paid holiday and sick leave. |
Paid holiday and sick leave guidance has been published by the government after two major court rulings last year.
In Stringer v HM Revenue and Customs, the European Court of Justice (ECJ) ruled that workers who are on sick leave can still accrue holiday leave under the Working Time Directive.
In Pereda v Madrid Movilidad, the ECJ ruled that workers who fell sick while on holiday should be allowed to reschedule their leave, even if it meant carrying it over to the next leave year.
The Department for Business’ guidance is discussed on XpertHR, with links to frequently asked questions about holiday pay and sick leave.
The Government will be consulting on possible amendments to the Working Time Regulations in light of the ECJ rulings.
