Carry-over of statutory holiday following sick leave absence

first_imgThe case is Shah v First West Yorkshire. Mr Shah was off work for three months between January and April 2009.During that period, he received contractual sick pay, with the exception of the pre-booked period of annual leave, when he received full holiday pay. His holiday year ran from April to the end of March. After his request to claim back four weeks’ holiday that he had previously booked – and which fell within his period of sickness absence – was refused, he brought a claim. The tribunal found that, “Shah is entitled to take the holidays that he was prevented by ill-health from taking in March of 2009 at some subsequent time in the following leave year.” The UK Working Time Regulations (WTR) clearly state that if any employee does not take his/her statutory leave during the leave year, then while the additional statutory leave (1.6 weeks) may be carried forward with the agreement of the employer, the basic four weeks’ statutory entitlement is lost. While the European case may be binding immediately on public sector employers, some private employers may have decided to wait until the government changed the WTR before changing their own practices. However, while this tribunal case is not binding on other tribunals, it does suggest that tribunals are prepared to comply with EU law, regardless of what the UK legislation says, and employers wishing to follow best-practice – or to minimise risk – should change their policies to allow leave to be carried forward due to illness.last_img read more

Riley stands up for referees

first_imgReferees’ chief Mike Riley has leapt to the defence of English officials in the wake of recent criticism of refereeing standards. Press Association But Riley has hit back and claims that, while mistakes are inevitable, data suggests that referees are in fact performing better than ever and that he has the backing of the game’s top brass. “Keith’s entitled to his opinion,” Riley told the Times. “Everyone has one. “But Keith’s description is not something I recognise of the organisation, the standards and what these officials achieve. “It’s not something that the people that I engage with – the PFA (Professional Footballers’ Association), LMA (League Managers Association), FA (Football Association) – recognise. None of the data bears that out. “You always look back and think ‘wasn’t life good then’. But my view is every generation is improving on the last. “Go back over the last five years, whether we judge the data from evaluation (by former referees) or the Premier League delegates, it all suggests year on year the group have improved on-field standards. “We also know it gets more demanding, so we have to keep improving. Expectations were completely different before, there wasn’t the camera coverage or scrutiny. “People forgave players more mistakes than now and forgave referees more mistakes.” He added: “If you look at the development of PGMOL over the last five years, it’s been transformational. By any measure it’s been a successful organisation. We will always have a period of mistakes but judge us over 380 games.” center_img Former Professional Game Match Officials Limited general manager Keith Hackett called for his successor Riley to be removed from his position earlier this month, calling the current crop of officials “the worst that we have seen”. That criticism came on the back of attacks on officials from Barclays Premier League managers, with Swansea boss Garry Monk particularly scathing in his assessment of their performances this season. last_img read more