Untaken Holiday

Untaken Holiday? – Claims where employees are unable to take their holiday for reasons outside of their control

In the recent case of Sash Window Workshop Ltd & Dollar v King the Employment Appeal Tribunal determined that if a worker is prevented from taking holiday during a holiday year for any reason beyond his control (not just because of long term sickness absence) then it is arguable that holiday should be carried forward to the next holiday year. This may impact upon workers’ rights to carry forward untaken holiday in certain circumstances.

The EAT ruled that a claim in respect of holiday which a worker has not been able to take cannot be brought as an unlawful deductions from wages claim, which would allow the claim to be backdated over many years. The EAT determined that the Working Time Regulations offer sufficient protection in respect of untaken holiday as they allow a claim for “just and equitable” compensation to be made in these circumstances.

The full impact of the EAT’s decision and the level of compensation to be considered suitable in cases of this nature remains to be seen.

If you would like advice on employment issues please contact us.