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.

“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.

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2 Responses to “Holiday pay can be accrued by the sick”

1. john wheat Says:
   June 17th, 2009 at 11:41 am

   I find it beyond belief that research is required to state the obvious.People who suffer long term sick die early!!Wow I am taken aback !!

2. Carol H Scott Says:
   June 25th, 2009 at 10:54 am

   Holiday pay accruing while off sick is barking mad. The working time regs set out that holiday is to give employees a break from working hours -so why exactly are people accruing holiday while off sick? What are they getting a break from? Lunacy, further costs to employers in a recession, further job losses, could go on but won’t.