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Sickness whilst on holiday – the current position
One of the most confusing areas of employment law in recent years has concerned the impact of sickness absence on employees’ entitlement to statutory holiday and holiday pay.
These issues have been examined at judicial levels from Employment Tribunals to the European Court of Justice. Some key points that have emerged from these cases are set out below:
- Employees on sickness absence during a holiday year do not lose their entitlement to accrue annual leave.
- While on sickness absence, an employee can nominate a period of the sick leave as holiday and should be paid at the full contractual rate.
- An employee on long term sickness absence who does not wish to nominate a period of sick leave as annual leave is entitled to carry the accrued annual leave forward into the next holiday year. However, leave carried forward in these circumstances should be taken within 18 months of the end of the leave year in which it was accrued.
- If prearranged holiday coincides with sick leave the employee should be allowed to take the holiday at another time.
- On termination of employment, an employee is entitled to payment in lieu of accrued holiday that has been carried over, where the carried over leave relates to a holiday year in which they were absent for the entire year due to sickness.
Is it a new dawn, a new day, and new way of life for employment? A comparison between Labour’s key proposals (in relation to some of which there is rhetoric it may be stepping back) and key steps that have already been taken or are being taken under the current Conservative government (denoted in blue)
The government has recently consulted on the proposal to reintroduce modest fees in the Employment Tribunals and Employment Appeal Tribunals (closed 24 March 2024). It proposes £55 paid by the Claimant in both tribunals.
One of the stated aims includes acting as an incentive to parties to settle their disputes early through ACAS without the need for claims to be brought to an Employment Tribunal.
The UK is taking a bold step in the fight against sexual harassment by introducing a new duty for employers to take proactive measures to prevent such incidents in the workplace. This groundbreaking development, expected to come into force in October, marks a significant shift in the UK's approach to workplace safety and respect. This article delves into the details of this new legislation and its implications for employers and employees alike.
Flexible working arrangements, such as hybrid work, flexitime, and compressed hours, have become increasingly desirable for employees looking to balance work and their personal lives. As of April 6th, 2024, UK employment law has undergone significant updates to empower employees with greater flexibility and control over their work lives.
Every April, the Government reviews and makes changes to employment laws, including a review of financial rates. Below we set out a summary of the proposed changes coming into effect in April and beyond.
Bullying in the workplace is a serious issue for workers (29% of whom will experience workplace bullying at some point1), and for employers (bullying is estimated to cost UK businesses £18 billion a year2 and to contribute to the loss of over 17 million working days each year3).
If you're an employee bringing a claim against your employer in an employment tribunal, you may be wondering who you should call as witnesses. Here are some things to consider when making your decision:
In the modern workplace, fostering a culture of inclusivity and ensuring equal treatment for all employees is a crucial aspect of employment law. Discrimination based on disabilities (which can include mental health conditions) is strictly prohibited in the United Kingdom. This article explores the legal framework in UK employment law that safeguards employees against discrimination and highlights the consequences faced by employers who fail to uphold these important principles.
In an era of heightened data protection awareness and stringent regulations like the General Data Protection Regulation (GDPR), employees play a critical role in safeguarding personal data. This article explores the legal consequences that employees may face in the United Kingdom when implicated in data protection breaches at the workplace.
In recognition of the importance of employee well-being, employers in the UK are increasingly implementing well-being initiatives to support the mental health and overall well-being of their workforce. These initiatives, which can include employee assistance programs (EAPs) and wellness programs, aim to provide support, resources, and interventions that enhance employee well-being. This article explores the legal framework surrounding well-being initiatives in UK employment law and highlights the benefits and considerations for employers when implementing such programs.