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This article was published on January 8th, 2020
The European Working Time Directive entitles workers to at least 4 weeks’ holiday pay per year. Many countries, including the UK, choose to give workers additional holiday entitlement over and above the minimum. The Working Time Regulations 1998 gives UK employees an additional 1.6 weeks of leave per year. The Court of Justice of the European Union (ECJ) has looked at whether the right to carry over holiday due to sickness applies only to the 4 week entitlement under the Directive.
In TSN v Hyvinvointialan, the ECJ considered two cases involving Finnish law. In each case the employee had been prevented from taking all their leave in the holiday year due to sickness absence. This included holiday entitlement over and above the 4 week minimum. One of the key questions for the ECJ was whether member states could have domestic laws which limited carry over of unused holiday to 4 weeks. The ECJ confirmed that the rules about extra holiday pay over and above the 4 week minimum were controlled by domestic law rather than European law. It is not unlawful to limit carry over of unused holiday to 4 weeks.
This case confirms the position adopted by the EAT in Sood Enterprises v Healey. Unless there is a contractual right which changes the position, carry over will be limited to 4 weeks.
This website privacy notice sets out how Thorneycroft Solicitors uses and protects any information that you give Thorneycroft Solicitors when you use this website.
Thorneycroft Solicitors is committed to ensuring that your privacy is protected. Should we ask you to provide certain information by which you can be identified when using this website, then you can be assured that it will only be used in accordance with this privacy statement.
Thorneycroft Solicitors may change this policy from time to time by updating this page. You should check this page from time to time to ensure that you are happy with any changes. This policy is effective from 01/05/2018.
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You can set preferences for how Google advertises to you using the Google Ad Preferences page, and if you want to you can opt out of interest-based advertising entirely by cookie settings or permanently using a browser plugin.
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