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ARTICLE · 02 JULY 2012

Holiday: A New Malignerer's Charter?

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Must an employee who falls sick part-way through a period of pre-booked annual leave be allowed to take their "lost" holiday entitlement at a later date?

United KingdomEmployment and HR
Blair Adams
Blair Adams

Asociacion Nacional de Grandes Empresas de Distribucion (ANGED) v Federacion de Asociaciones Sindicaled (FASGA) C-78/11

Must an employee who falls sick part-way through a period of pre-booked annual leave be allowed to take their "lost" holiday entitlement at a later date?

Up to now, employers have largely viewed the answer to this question as a matter for their own discretion (save perhaps in cases of long term sickness absence). However, the decision of the Court of Justice of the European Union (CJEU) in ANGED v FASGA suggests that employers will now have to provide this right. We consider below the potential impact of the decision and the practical issues that may arise for employers.

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