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Plumb v Duncan Print Group Ltd UKEAT/0071/15; (2015) EMPLR 050
8 July 2015
Employment Appeal Tribunal (EAT)
An employee may carry over holiday entitlement earned under regulation 13 of the Working Time Regulations (ie four weeks - not the additional 1.6 weeks due under reg 13A) which he or she was unable or unwilling to take because of sickness from one holiday hear to the next. However, employers may limit the carry-over period to 18 months from the end of the holiday year in which the holiday entitlement accrued.
P, a printer, was off work for four years following an accident. He was dismissed. He claimed payment for his accrued holiday for the last three years, totalling 60 days. The tribunal turned down his claim because he had not established that he had been unable to take his holiday.
The EAT held this was wrong. Case law has established that employees may carry over holiday if, because of sickness, they are unable or unwilling to take that holiday. He was therefore entitled to payment for the holiday accrued during his final year.
However, the employers were entitled to limit the carry-over period to 18 months following the end of the holiday year in which that holiday entitlement accrued. The choice of 18 months comes from ILO Convention 132, which is referred to in the recitals to the Directive. So the claim in respect of the other two years failed.