Holiday pay rights for workers on long-term sick leave

Two years ago the EAT ruled that employers had the obligation to pay holiday pay to employees on long-term sick leave, even where their sick pay had run out and they were not receiving any contractual pay.

The facts

The Inland Revenue lodged an appeal against similar tribunal rulings.

The ruling

The EAT noted that the previous rulings highlighted some inconsistencies. For example, it noted that it seems difficult to argue that an employee can take "leave" without being in a position to work. It therefore referred the cases to the Court of Appeal, for it to determine whether there are rights to paid holiday during long-term absences.

Commissioners of Inland Revenue v Ainsworth and others EAT/0745/03