Holiday pay can be accrued by the sick

The House of Lords has ruled employees can accrue holiday pay while they are sick from work.

Law lords have decided in the case of Her Majesty’s Revenue and Customs v Stringer that staff are entitled to take paid holiday equivalent to the number of days they accumulated while the were absent from work due to illness.

Mark Serwotka, general secretary for the Public and Commercial Services Union (PCS), said it is “a victory for common sense”.

He added that a recent decision by the European Court of Justice confirmed ill employees cannot be refused paid annual leave should they wish to take it – and HR staff cannot reduce termination payments on account of sickness.

Get our essential weekday HR news and updates. Comments This field is for validation purposes and should be left unchanged. Work Email Keep up with the latest in HR... This field is hidden when viewing the form Optin_form This field is hidden when viewing the form Optin_date Year Month Day This field is hidden when viewing the form Batch_Newsletter

“The House of Lords has now made it easier for employees to pursue employers who continue to illegally deny them their rights,” Mr Serwotka concluded.

PCS represents civil and public servants in central government and has 300,000 members in over 200 departments and agencies.