Holiday back pay paves way for further claims

first_imgHoliday back pay paves way for further claimsOn 19 Mar 2002 in Personnel Today Related posts:No related photos. A ruling by an employment appeal tribunal means that thousands of employeeson long-term sick leave may be able to claim their full 20 days paid annualholiday. In a test case that could lead to a spate of similar claims, a factoryworker suffering a bad back has won thousands of pounds in holiday pay for theyears he had been absent. The tribunal rejected the appeal by the employer and ruled he was entitledto the money under Working Time Regulations. The Engineering Employers’ Federation, which contested the case, isconcerned that the widespread practice of keeping long-term sickness staff onthe company payroll has now become a potentially significant expense foremployers. Peter Martin, the EEF’s director of employment policy, called on theGovernment to address what he believes is a legal anomaly. “The Government has to reverse this mistake in the drafting of theWorking Time Regulations as soon as possible, as this ruling has nothing to dowith the original aim of improving health and safety,” he said. Nick Chronias, an employment solicitor at Beachcroft Wansbroughs, said theimplications are widespread and contracts barring staff from accruing pay aftera certain period of sickness will probably be invalid. “Staff who have been absent for a significant time will be able to askfor holiday and be paidfor it. “The same may well apply to those on additional maternity leave,”he added. Comments are closed. Previous Article Next Articlelast_img

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