Ian Smith reviews a group of cases on compensation for unfair dismissal & one teeming with EU-driven complications
Sood Enterprises Ltd v Healy UKEATS/0015/12 is an example of a seemingly simple issue of holiday entitlement giving rise to legal complexities under the working time regulations and Directive. After a stroke in July 2010, the claimant was off sick until June 2011, when he resigned. His holiday year was the calendar year; in 2010 he had taken 11 holiday days before his illness; in 2011 he had taken nothing because of his illness. He had made no claim for holiday pay in 2010. On termination in 2011, he claimed outstanding holiday pay in lieu of untaken holiday.
The tribunal held that EU law requires the carrying over of holiday entitlement untaken because of illness, and on the basis that it is all unpaid “wages”, the claimant was entitled to 17 days’ holiday pay for 2010 and a pro-rata 14 days for 2011, ie using the full 28 days of ordinary and additional statutory leave (regs 13 and 13A) as the yardstick for calculation. The employer
