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The Sash Window Workshop Ltd v King UKEAT/0057/14; UKEAT/0058/14;  IRLR 348; (2015) EMPLR 037
1 December 2014
Employment Appeal Tribunal (EAT)
Employees who are refused a request to take their paid annual leave may carry that leave forward into the next leave year, in the same way that those prevented from taking annual leave by sickness can carry forward leave entitlement.
K took either no leave or only unpaid leave in each year of his employment. When he retired he claimed the pay he should have received for the holidays he took; and compensation for the holidays he had not taken. The tribunal awarded him pay for the holidays he actually took. It also held he was entitled to carry over the leave he did not take, from one year to the next right up to the final year; and since on termination he was entitled to payment in lieu of all accrued untaken holiday, he received the full amount of that claim. This was because there was ‘no reason in principle between being unable to take paid leave through sickness and being refused paid leave as would have been the position in this case had [K] asked for it …’
The EAT agreed that, if the reason he did not take his holiday was that his employer refused or the employee knew it would have refused, then all leave entitlement would have carried over from year to year. The EAT did not consider there was enough evidence to know whether leave would have been refused, so it remitted the case to the tribunal.