Sickness absence and sick pay - a guide for trade unions and working people (March 2022)

Chapter 3

Contractual leave and sickness absence

[ch 3: page 25]

If there is a contractual right to paid holiday over and above the statutory 5.6 weeks, as there often is in unionised workplaces, the worker and employer are free to agree on what to do about carrying that forward in the event of sickness absence, or even “buying” it back. However, there is an absolute bar on paying workers for unused statutory holiday, except at the end of the employment, because its health and safety purpose is to provide a period of rest from working.


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