The complex provisions of the Working Time Regulations continue to keep the employment tribunals busy as there have been a number of cases relating to holiday entitlement and pay recently.
In Sood Enterprises v Healy, the EAT ruled that where a worker is unable to take holiday due to sickness, the minimum four weeks’ holiday derived from the EU Working Time Directive must be carried over at the end of the holiday year (in line with previous cases). However, the additional 1.6 weeks’ statutory holiday under the Working Time Regulations does not need to be carried over and will be lost unless the individual has a contractual right to carry it over.
