LRD guides and handbook June 2015

Sickness absence and sick pay - a guide for trade union reps

Chapter 3

Accumulating holiday while on leave

[ch 3: page 40]

In the case of Stringer v HM Revenue and Customs (C-520/06), the Court of Justice of the European Union (CJEU) decided that workers accrue holiday while on long-term sick leave and must be allowed to take it on their return to work, or be paid in lieu of untaken leave if their employment ends. Employees on long-term sick leave who are owed holiday pay can bring a claim for the unlawful deduction of wages under the Employment Rights Act 1996 (HM Revenue and Customs v Stringer and others [2009] UKHL 31).