Dunne v. Jaguar
Birmingham Employment Tribunal
CARRYING OVER ANNUAL LEAVE DUE TO SICKNESS
WORKING TIME REGULATIONS 1998
There has been a significant amount of comment over recent weeks concerning the right to carry over annual leave where sickness has prevented it being taken in the leave year concerned, applying Regulation 13 of the Working Time Regulations 1998. The majority of the comment has been to the effect that it is possible to interpret Regulation 13 of the WTR as allowing such a carry over to be consistent with and give effect to the Directive.
It should be noted that an Employment Tribunal in Birmingham has taken a different view in the case of Mr J. Dunn v. Jaguar Cars Limited, Case No.1303063/2011. In particular, the ET found that it was not possible to interpret Regulation 13(9)(a) so as to permit workers to carry over leave from one year to the next (see: para.36). Furthermore, the Tribunal considered the application of the time limit for the lodging a complaint under the particular wording of Regulation 30(2) and held that it was out of time (see: para.31).
The matter is under appeal to the EAT and is to be heard in March of next year.