NEWS & EVENTS

The region's employers will be helped by an initial decision in the European Courts concerning the accrual of annual leave. That's the view of Phil Cookson of Roythornes Solicitors, who was commenting on the decision in a case involving a German worker.

The worker tried to claim compensation for annual leave for a period when she was on long term sick leave.  In the opinion of the Advocate General, annual leave should not be allowed to build up indefinitely whilst an employee is on sick leave, and she suggested a cut-off date of 18 months after the end of the year in which it was due.

Speaking about the ruling, Phil said:

"This is an area which has caused employers some confusion and worry for a number of years.  In an extreme situation you could have an employee who has been off for three years sick leave come back to work and immediately book three years worth of holidays or ask for financial compensation to their value.  The decision begins to apply some guidelines to how long the leave can accrue and we expect the European Courts to follow the opinion."

The final decision of the European Courts is expected later this year.