A worker is entitled to 5.6 weeks’ annual leave (equivalent to 28 days for those who work five days a week) in each leave year. Where a worker is prevented from taking statutory holiday due to sickness the worker is entitled to carry over the statutory holiday to the next holiday year. It has been unclear whether this carry over of leave applied to all the 5.6 weeks’ annual leave or only the first 4 weeks of annual leave (the rules in relation to the first 4 weeks statutory holiday differ in some respects from the rules for the last 1.6 weeks). This EAT case has decided that an employer does not need to allow the carry over of 1.6 weeks’ leave where a worker is prevented from taking that leave due to sickness (Sood Enterprises Ltd v Healy UKEATS/0015/12).
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