Skip to Main content

Search results for ''...


Sorry, there were no results

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

  • Overview

    The Court of Justice of the EU (CJEU) has confirmed in two combined cases known as TSN v Hyvinvointialan that where someone cannot take their annual leave due to sickness, the right to roll over that leave to the next year is limited to the EU minimum annual leave allowance of four weeks (20 working days), unless otherwise contractually agreed or stipulated by domestic law.

    TSN v Hyvinvointialan

    Here the CJEU considered two employees who were entitled by their contracts to 5 and 7 weeks holiday respectively. There was no rollover right mentioned in their contracts. They each had been off sick for a year and claimed that they should be entitled to roll over their entire annual leave allowance. It was decided that each had the right to roll over just four weeks.

    So only four weeks can be rolled over in any case?

    If a UK worker or employee has been off sick for a year and has not taken any annual leave, an employer is only obliged to roll over four weeks, unless it has been contractually agreed that the employee can roll over more. In this case, their contractual right will trump the legal minimum.

    Alternatively, if a country’s domestic legislation provides something more generous than the EU’s four weeks, then this will be the minimum obligation. It remains to be seen whether Parliament might eventually add a rollover right to our relevant legislation (the Working Time Regulations 1998) that would match the 5.6 weeks minimum annual leave allowance. For now, four weeks is the minimum and the maximum (unless a higher figure contractually agreed).

  • Related Services

    Employment Advice for Employees

    Our employment solicitors give straightforward legal advice, find proactive solutions and achieve quick results

    Employment

    We act for businesses of all shapes and sizes and in many different sectors. Our advice covers all aspects of the employment relationship, helping to settle disputes, defending employment tribunal claims and providing immigration compliance audits.

Newsletter Sign Up

I would like to receive newsletters, event invitations and publications from Thomson Snell & Passmore by email on the following topics (tick all those that apply) and consent for my data to be processed for this purpose.

We respect your privacy and want news to be relevant. To either, click here or update your preferences by emailing us at info@ts-p.co.uk. Your personal data shall be treated in accordance with our & .

Get In Touch

By submitting an enquiry through 'get in touch' your data will only be used to contact you regarding your enquiry. If you would like to receive newsletters from Thomson Snell & Passmore please use the separate form below.

^
Jargon Buster