Holiday Carry Over

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

Already a subscriber?

Click here to login and access the full article.

Don't miss out, register today!

Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.

Help understand the ramifications of each important case from NI, GB and Europe

24/7 access to all the content in the Legal Island Vault for research case law and HR issues

Ensure your organisation’s policies and procedures are fully compliant with NI law

Receive free preliminary advice on workplace issues from the employment team at Worthingtons Solicitors

Already a subscriber, now or Register

This article is correct at 06/08/2015

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

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

View all articles by Sharon McArdle