NHS Leeds v Larner [2012] EWCA Civ 1034

In this case the Court of Appeal held that an NHS employee who was unable to take four weeks' paid annual leave due to sickness did not lose her entitlement to that leave. The employee had been absent from work on long-term sick leave for the whole of the 2009/2010 leave year. During that year she neither took paid annual leave nor asked her employer to carry forward her leave entitlement to the following year. Yet, it was held that 86 she was entitled to carry the untaken leave over into the next leave year without making a prior request to enable her to receive a payment in lieu on termination of employment. The Court noted that the employee could rely on