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ARTICLE · 20 JULY 2015

Sickness And Accrued Holiday

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The Employment Appeal Tribunal case of Plumb -v- Duncan Print Group Ltd provides important guidance on how to deal with requests to take holiday that has accrued during periods of sickness absence – in particular, requests made after the end of the relevant holiday year.

United KingdomEmployment and HR
Meriel Schindler
Meriel Schindler
Emma Sanderson
Emma Sanderson
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The Employment Appeal Tribunal case of Plumb -v- Duncan Print Group Ltd provides important guidance on how to deal with requests to take holiday that has accrued during periods of sickness absence – in particular, requests made after the end of the relevant holiday year.

The facts are straightforward. Mr Plumb was injured in an accident in April 2010. He remained on sick leave until his employment ended in February 2014. Mr Plumb did not request any holiday in 2010, 2011 or 2012.

In 2013, whilst still on sick leave, Mr Plumb requested to take accrued holiday from 2010, 2011 and 2012 (at that time, 60 days in total) plus some of his 2013 holiday. His employer only agreed to pay for holiday for 2013, the then current holiday year. Under its contractual terms, it did not normally allow holiday to be carried forward into future years, so in its view Mr Plumb had forfeited his 2010, 2011 and 2012 holiday entitlement (which he had never previously requested).

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