Legal ruling on long-term sick leave and holiday pay

Employees on long-term sick leave will not continue to accrue holiday time, thanks to a new ruling by the Court of Appeal.

The decision in the case Ainsworth v Inland Revenue overturned previous decisions, including Kigass Aero Components v Brown and List Design Group v Douglas to allow staff off ill from work to accrue statutory holiday entitlement and pay.

The case was made under the Working Time Regulations 1998 legislation but the Appeal Court stated that because there was no need for the claimant to have holiday time if he was not at work.