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12/03/2010
Tribunal makes ruling on holiday leave pay |
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An employment tribunal has made a ruling which experts believe could open the floodgates for more claims from employees.
James Rawlings had been on long-term sick leave from the Direct Garage Door Company for more than a year when he made the decision to leave, Personnel Today reports.
However, he argued that he should have been entitled to be paid for the holiday leave he would have taken if he had not been off sick.
Mr Rawlings took his employers to court for unfair deduction of wages under the Employment Rights Act 1996 and it has now been ruled that he should receive backdated pay from his holiday entitlements.
It was the first court case which tested a European Court of Justice decision after the Stringer V HMRC case earlier this year which stated that workers can accrue holiday pay while on sick leave.
XpertHR employment law editor John Read said: "The Stringer decision is being put into practice and employees are clearly seeing the benefits of it."
Written by Laurence Smith
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