Holidays and Sick Leave

Good news for employees, not so good news for employers - the European Court of Justice (ECJ) has passed down its opinion in Stringer v HMRC (previously known as Ainsworth v HMRC that workers on long-term sick leave are entitled to paid holidays. Yesterday's ruling means that all workers are entitled to up to four weeks of holiday pay for each year they are on sick leave. The ECJ said: “A worker does not lose his right to paid annual leave which he has been unable to exercise because of sickness. He must be compensated for his annual leave not taken.”



A worker returning to work after a year’s sick leave will be entitled to four weeks paid holiday carried forward from the previous year in addition to any holidays they are entitled to for the year ahead. Also if an employee resigns or loses their job while on sick leave is entitled to a lump sum payment in lieu of holidays accrued but not taken while they were sick, in addition to any redundancy or termination payment. The ruling applies only to statutory minimum holiday entitlement.



It will now be up to The House of Lords to give the final judgement which will probably overturn the Court of Appeal's decision from April 2005 which at that time was that the right to paid holiday leave did not accrue during periods of sickness absence.

Health & Safety Offences Act 2008

The new Health & Safety (Offences) Act 2008 comes into force this Friday which means that careless bosses and their employees might end up in prison if there are serious breaches of health and safety rules (previously punished with fines). It could now mean a prison sentence of up to 2 years. If an employee is found to have contributed to an offence under the legislation then he or she could also end up in prison - this is even if no harm is sustained by the "victim" because of their actions. Businesses must become more aware of health and safety matters. This new Act is hailed as a deterrent for those business who perhaps due to the downturn in economic activity, may think of cutting back on training etc.
Brian Nimick, CEO of the Briths Safety Council said: “With the new risk of higher fines and possible imprisonment for health and safety offences, this law should act as a deterrent and increase awareness of the need to adequately train and protect workers. Risks including accidents, illness and even deaths among the workforce could cost far more in the long term than the short term savings gained from cutting back on training.”

www.adams-law.co.uk