Claimant v The Nail and Beauty Zone Limited
Outcome
Individual claims
The tribunal found that the claimant continued to accrue holiday entitlement during his sickness absence from January to June 2024 under the Working Time Regulations 1998. Applying Stringer and Larner, the respondent was not entitled to prevent the claimant carrying over accrued leave into the new holiday year given his illness. The claimant was entitled to payment for 8.5 days of accrued but untaken holiday pay at the termination of his employment.
Facts
The claimant worked part-time as a Spa/Massage Therapist while studying at university. He suffered a non-epileptic seizure at work in January 2024 and remained off work sick, covered by fit notes, until his employment was terminated in June 2024. The respondent's holiday policy stated unused holidays must be taken in the year they accrue with only discretionary carry-over. The respondent argued the claimant had lost his accrued holiday from the previous holiday year and could have taken holidays during his sickness absence.
Decision
The tribunal found the claimant was entitled to carry over 8.5 days of accrued holiday into the new holiday year because he had been on sick leave and unable to take holidays. Applying established case law including Stringer and NHS Leeds v Larner, employees on sick leave continue to accrue holiday entitlement and the right to paid leave is not extinguished at the end of the holiday year where illness prevented the employee from taking leave. The tribunal awarded £708.56 in holiday pay.
Practical note
Employers cannot rely on 'use it or lose it' holiday policies to deny payment for accrued statutory holiday where an employee has been on long-term sick leave and genuinely unable to take holidays during the reference period.
Award breakdown
Legal authorities cited
Statutes
Case details
- Case number
- 4106810/2024
- Decision date
- 3 February 2025
- Hearing type
- full merits
- Hearing days
- 1
- Classification
- contested
Respondent
- Sector
- hospitality
- Represented
- Yes
- Rep type
- in house
Employment details
- Role
- Spa/Massage Therapist
- Service
- 8 months
Claimant representation
- Represented
- Yes
- Rep type
- lay rep