Sickness and holiday pay

Subject to appeal to the Court of Appeal, the EAT (Plumb v Duncan Print Group Ltd UKEAT/0071/15/DA) has provided useful guidance on how long accrued holidays during sick leave can be carried forward. It concluded that accrued leave can only be carried over for 18 months from the end of the annual leave year and anything further back will not be subject to pay in lieu of holidays or leave.

Voluntary overtime and holiday pay

The Court of Appeal in Northern Ireland (there is no EAT there) has looked at the issue of voluntary overtime and the calculation of holiday pay. In Patterson v Castlereagh Borough Council [2015] NICA 47 it held that voluntary overtime could be included. It did not give guidelines as to when this might happen and said it was down to the facts of each case and for each tribunal to determine.

Although the decision is not binding in Scotland it may lead to further cases on this issue.