Holiday Carry Over

Posted in : How do I handle it NI on 19 June 2012
Sharon McArdle
Tughans
Issues covered:

We have an employee who has been on long term sick leave since June 2010. We have followed a capability procedure and now propose to terminate employment. The employee has not taken or requested to take any holidays or to carry over any holiday during his absence. I therefore understand that we do not need to pay holiday pay for the years preceding the current holiday year. However the employee is claiming that he is owed accrued holiday pay for the period since June 2010. Our holiday year runs from 1 January to 31 December. How do I handle it?


Sharon McArdle writes:


The answer to this question essentially depends on whether a Tribunal would decide that the employee was required to request

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This article is correct at 06/08/2015
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Sharon McArdle
Tughans

The main content of this article was provided by Sharon McArdle. Contact telephone number is 028 9055 3300 or email Sharon.mcardle@tughans.com.

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