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25 July 2012
Court of Appeal (Civil Division)
Mummery and Tomlinson LJJ and Henderson J
An employee who has been unable to take their leave entitlement because of illness is entitled to payment in lieu of that leave if their employment is terminated before they have an opportunity to take the leave, even if the employment ends in a different leave year. That remains true whether or not she asked for permission to take the leave or to carry it over from one year to the next.
L became ill with ME and depression. She was off work for the whole of the ‘leave year' 2009/10. Shortly after that leave year expired, she was dismissed because of her health. L argued that she should have been paid in lieu of the leave accrued during 2009/10.
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