Holiday Pay and Voluntary Overtime. The Court of Appeal in Northern Ireland has held that voluntary overtime is not necessarily excluded from the calculation of holiday pay for the purposes of the Working Time Regulations 1998 (as derived under the EU Working Time Directive).
A limit on claims for deductions from pay to deductions which occurred in the 2 year period before the claim is filed will now cap back dated holiday pay claims
The relationship between workers’ rights, their holiday and how those rights are affected by sickness absence has been a much debated subject in recent years. A particular issue has been to what extent a worker on long-term sick leave, who has been unable to take holiday due to sickness, is entitled to carry forward accrued but untaken holiday to the following leave year.
The Court of Appeal has ruled that workers are entitled to take annual leave when off sick and claim payment in lieu when their employment terminates
Employers can defeat claims for more than one year’s holiday pay from sick employees by making a payment covering their most recent leave year
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