One of the many UK cases that had been put on hold pending the outcome of the European litigation in relation to holiday entitlement during sick leave has been decided. In Rawlings v The Direct Garage Door Company Ltd, the employment judge held that a worker who had been on sick leave for the last 15 months of his employment was entitled to statutory holiday pay in respect of that period despite the fact that part of it related to a previous holiday year.

The non-payment of holiday pay amounted to an unlawful deduction from wages contrary to the Employment Rights Act 1996, even though the worker had not actually taken statutory holiday during the period in question.