In relation to the Pereda case, is it correct that it only applies in the public sector and can employees redesignate contractual leave as sick leave or is it limited to 28 days?Posted in : First Tuesday Q&A NI on 2 March 2010
We covered the Pereda case in last September’s First Tuesday questions. By way of recap, Pereda v Movilidad was a European Court of Justice (ECJ) case where the court held that workers who fall ill during a fixed shut-down period are able to insist on having their leave reclassified as sick leave and their annual leave reinstated to be taken at an alternative time.
As this is an ECJ case it applies, strictly speaking, only to public sector workers. Private sector employers may therefore argue that the ruling in Pereda does not apply to them. However, given the House of Lord’s (now the Supreme Court) endorsement of the Stringer decision and the recent GB Employment Tribunal decision in Shah
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial 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
Back to Q&A's This article is correct at 02/09/2015
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.