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Employment Law

Legal guidance - compliance - software

09 OCT 2014

Bollacke v Klass & Kock B V [2014] IRLR 732; Case C-118/13; (2014) EMPLR 059

Edward  Benson


12 June 2014

European Court of Justice

Entitlement to payment for accrued annual leave does not cease if the worker dies. The estate of the deceased employee is entitled to payment for all accrued holiday.

In this case, B became seriously ill in 2009. He was unfit for work for several months and then died. His widow sought payment for the holiday that had accrued. Since holiday had accrued throughout the period he had been ill and was carried over from one year to the next because his illness had prevented him from taking a holiday, the amount of holiday pay was substantial.

The Court upheld B’s widow’s claim.

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