Court of Appeal clarifies holiday rules for sick workers

In NHS Leeds v Larner [2012] EWCA Civ 1034, the holiday year ran from 1 April to 31 March. Mrs Larner was sick from 5 January 2009 until she was dismissed on 8 April 2010.

The Court of Appeal ruled that Mrs Larner was entitled to be paid for her 2009/10 holidays - although she neither asked to take those holidays during 2009/10 – nor carry forward those holidays to the next holiday year [see para. 96].

The Court of Appeal also said that the facts in the Larner case were different from the facts in the Fraser case, i.e. there was no evidence that Mrs Fraser had been unable to take her holidays [see paras. 46 – 47]. Also see Holidays: use it or lose it.