The debate on carrying over accrued holiday while on sick leave has taken yet another twist, according to lawyers. In the Fraser v Southwest London St George’s Mental Health Trust case, Fraser was absent from work between 2005 and 2008 when she was dismissed.
The trust made a payment in lieu of accrued statutory holiday for the 2008-09 year, which ran from April to March. Her entitlement to sick pay expired in August 2006.
However, Fraser did not receive any pay in lieu of accrued holiday for the previous two years, nor had she submitted a request. The president of the Employment Appeal Tribunal ruled that an employee has to submit such a request.
However, lawyers say that until there is further clarification on such rules, employers adopting a use it or lose it approach risk potential claims.