Holiday during sick leave

One of our members is on long-term sick leave as a result of depression and has a pre-booked holiday during the time for which she has been signed off. Is she allowed to take the holiday?

Anyone who is a "worker" is entitled to annual leave under the Working Time Regulations, as long as they have given notice to take it. And there is nothing to prevent someone taking annual leave while they are on sick leave. As your member has already booked her holiday, she is entitled to take it and to receive her usual holiday pay.

* More information: Kigass Aero Components v Brown (and others), [2002] IRLR 312