The European Court of Justice has said that it is contrary to the Working Time Directive (03/88/EC) for national legislation to make entitlement to paid annual leave conditional on a worker having worked a minimum of 10 days for the same employer in the holiday year.
The European Court of Justice has confirmed that the Working Time Directive (03/88/EC) does not require an unlimited accumulation of a worker's paid annual leave during a period of long-term sickness absence.
The Employment Appeal Tribunal has held that employees on sick leave must, to be paid for holiday under the Working Time Regulations 1998, give the required statutory notice during the relevant leave year of their intention to take that holiday.
Practical guidance on dealing with an employee who goes ahead with a holiday when annual leave has not been authorised, including investigating the unauthorised absence and disciplinary sanctions.
The European Court of Justice has considered whether or not "normal remuneration" during a period of annual leave should include allowances on top of basic pay, in the context of a dispute over how the holiday pay of British Airways pilots who are paid flying allowances as well as basic pay should be calculated.
The Employment Appeal Tribunal has held that a worker absent for the whole leave year, but who does not submit a request for the annual leave before the leave year ends, does not forfeit his or her entitlement to paid annual leave.
Practical guidance on dealing with an employee who returns late from holiday, including investigating the unauthorised absence and taking disciplinary action.