NHS Leeds v Larner

NHS Leeds v Larner

A worker absent on sick leave throughout the leave year who is prevented by sickness from taking paid annual leave does not lose entitlement to that leave at the end of the year, nor is a prior request to take or carry forward leave required. On termination of employment, the worker is entitled to payment in lieu for untaken leave accrued during sickness. The Working Time Directive and the Regulations must be interpreted to this effect.

Parties
Appellant: NHS Leeds; Respondent: Mrs Janet Larner
Jurisdiction
England and Wales
Judgment Date
25 July 2012
Procedural Posture
Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal
Outcome
appeal dismissed
Legal Topics
Paid Annual Leave, Sick Leave, Payment in Lieu of Leave, Working Time Directive, Employment Rights Act, Direct Effect of EU Law
Employment Law Labour Law EU Law Paid Annual Leave Sick Leave Payment in Lieu of Leave Working Time Directive Employment Rights Act +1 more

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Parties

NHS Leeds

Appellant

Mrs Janet Larner

Respondent

Procedural Posture

Civil Appeal / Judgment on Appeal From Employment Appeal Tribunal

Legal Issues

  1. 1 Whether a worker absent on long-term sick leave who has not taken paid annual leave nor requested to carry it forward is entitled to payment in lieu on termination of employment
  2. 2 Whether Article 7 of the Working Time Directive and the Working Time Regulations 1998 require a leave request as a precondition for entitlement to payment in lieu
  3. 3 Whether the entitlement to paid annual leave is lost if not requested or taken during the relevant leave year due to sickness

Ratio Decidendi

A worker absent on sick leave throughout the leave year who is prevented by sickness from taking paid annual leave does not lose entitlement to that leave at the end of the year, nor is a prior request to take or carry forward leave required. On termination of employment, the worker is entitled to payment in lieu for untaken leave accrued during sickness. The Working Time Directive and the Regulations must be interpreted to this effect.

Court Disposition

appeal dismissed

Orders

  • The appeal by NHS Leeds is dismissed.
  • The claimant is entitled to payment in lieu of untaken paid annual leave accrued during her sick leave in 2009/10.