Further Conditions Where Holiday May Be Carried Over
Further to the ruling that compulsory overtime must be included in holiday pay calculations when considering ‘normal remuneration’, another decision has extended the principle relating to the conditions under which a worker is entitled to carry leave over into the following year.
A ruling has been set out to state that where an employee is unable to take their holiday due to sickness, they are able to carry the remaining holiday days over into the next holiday year. It has been ruled that a worker may carry leave forward where unable or unwilling to take the leave “because of reasons beyond his control”.
What sets these rulings apart is the acceptance that holiday carried forward may apply to non-sickness cases.