Case report round-up: Conflicting Employment Appeal Tribunal decisions on annual leave and sickness

XpertHR's latest case reports cover:

Working time: Annual leave accrued during a year's sick leave can be carried over to next pay year In NHS Leeds v Larner [2011] IRLR 894 EAT, the EAT held that a worker who was absent for the whole leave year and who did not submit a request for annual leave before the end of the leave year was nevertheless entitled to carry over her leave entitlement into the following year. (Employment Review)
Working time: Worker entitled to holiday pay in respect of leave if notice given and leave taken In Fraser v Southwest London St George's Mental Health Trust [2012] IRLR 100 EAT, the EAT held that, in order for an employee to claim unpaid wages in respect of annual leave during a period of sickness absence, it was necessary for her to have given formal notice of the leave and for the leave actually to have been taken. (Employment Review)
Working time: Worker allowed to restart interrupted breaks was given compensatory rest In Hughes v Corps of Commissionaires Management Ltd (No. 2) [2011] IRLR 915 CA, the Court of Appeal held that a security guard on a manned site who remained on call throughout his breaks, but was permitted to restart interrupted breaks, was given "compensatory rest" within the meaning of the Working Time Regulations 1998. (Employment Review)

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