THE RETAIL BULLETIN - The home of retail news
HOME
RETAIL NEWS
RETAIL EVENTS
Fashion
Department Stores
Shopping Centres & Retail Parks
Home & DIY
Electricals
Health & Beauty
General Merchandise
Entertainment
Sports & Leisure
Retail Solutions
Food & Drink
RETAIL INSIGHTS
RETAIL SOLUTIONS
ABOUT US
CONTACT US
SUBSCRIBE FOR FREE

HOME  |  LEGAL
New European ruling on sickness and holidays

The European Court of Justice yesterday ruled that workers who go on sick leave during a period that has been scheduled as annual leave should be allowed to reschedule their holidays, even if that means allowing annual leave to be carried forward into a subsequent holiday year. Eversheds partner, Owen Warnock discusses the 'grey areas' that this ruling raises:

LEGAL

New European ruling on sickness and holidays

“Many employers take the view that if an employee is sick while on holiday that is just bad luck for them. The European Court has now said that this is not allowed by the Working Time Directive. What if a worker falls ill after their annual leave has started? When this happens what evidence of illness must the worker produce in order to have their leave reclassified? After all if they were not on holiday the employer would have to accept a self-certificate for the first week of sickness. The danger of abuse is clear: an employee could increase his or her holiday entitlement by ensuring that in most years they alleged they were sick while on holiday. It may only be the occasional "bad penny" employee who does this, but the resentment that it would create with colleagues should not be underestimated.


“Until the European or UK courts say otherwise, our view is that employers are entitled to require workers to produce convincing evidence of their illness while on holiday and that it would have rendered them unfit for work before allowing workers to ‘reallocate’ holidays.”

For further information please contact owenwarnock@eversheds.com

Email this article to a friend

You need to be logged in to use this feature.

Please log in here

Subscribe For Retail News

RETAIL EVENTS

Retail Human Resources Summit
Retail Human Resources Summit
Wednesday 3 October 2018
The Cavendish Conference Centre, London W1
The 10th HR Summit 2018, The Cavendish Conference Centre, London W1, 3rd October 2018
The Retail Design Summit 2018
The Retail Design Summit 2018
14 November 2018
The Cavendish Conference Centre
The Retail Design Summit 2018
Omnichannel Futures Conference 2019
Omnichannel Futures Conference 2019
6 February 2019
Cavendish Conference Centre, London WG1 9DT
A truly omnichannel offering requires an understanding of customer behaviour across all shopping channels and how this should impact your overall business strategy
Customer Engagement Conference 2019
Customer Engagement Conference 2019
5 June 2019
Cavendish Conference Centre, London W1
The 10th Annual Retail Customer Engagement Summit
National Minimum Wage Breakfast Briefing
National Minimum Wage Breakfast Briefing
20 September 2018
6th Floor 1, St. Martin's Le Grand London, EC1A 4AS
National Minimum Wage Breakfast Briefing