Employment Law News

Bank Holidays do not have to be carried over for sick employees

Under EU law workers are entitled to 4 weeks holiday per year (including bank holidays).  UK law requires employees to be given a further 1.6 weeks holiday per year which amounts to 5.6 weeks a year including bank holidays to equate to the previous UK norm of employers paying for 4 weeks holiday per year plus bank holidays.

In Sood Enterprises v Healy, the Employment Appeal Tribunal has ruled that employees cannot carry over the additional 1.6 weeks workers are entitled to under UK leave into the next year where they have been off sick and unable to take their leave. This is in contrast to EU minimum leave (4 weeks holiday) which can be carried over. However, in practice, most employers do not distinguish between the types of holiday.