Recent cases, particularly Fraser v Southwest London Saint George’s Mental Health Trust, make it clear that employees on an extended period of sickness can choose to take some of that sickness as holiday. This has always been a grey area. It can reasonably be argued that taking a holiday break during illness can aid recuperation. »
Are employers becoming too generous with holidays?
| 09-08-11
A recent survey published in People Management suggests employers are getting more generous with holidays and that 34 days per year (including bank holidays) is becoming typical. This could be true if “Blue Chip” companies are the main participants in the survey. But it is not our experience in the Care and SME Sectors in »
Off you go on holiday. Can you require an employee to take holiday?
| 08-08-11
Statutory holiday leave is an entitlement not an obligation. If it is not taken then it is lost. It cannot be paid in lieu nor can it be carried forward to another year. There are some exceptions to these points, for example if any employee leaves without taking their full entitlement and in some circumstances »
Sick on holiday – do I have to give the employee holiday at another time?
| 01-08-11
In some cases, yes you will need to; but that will not often be the case in reality. Firstly your sickness reporting procedures should have been followed, showing some flexibility over time zones and reporting times. The employee returning with a deep tan and then subsequently claiming they were sick for the whole holiday can »