Is an employee automatically entitled to an allowance in lieu of annual leave? What if they chose not to take their accrued annual leave during their employment?
An employer may only pay in lieu of annual leave for days in excess of the statutory minimum or on termination of employment. The actual taking of leave is the rule and the allowance in lieu is the exception.
A recent opinion from the Court of Justice of the EU in the joined cases C-619/16 (Sebastian W. Kreuziger v Land Berlin) and C-684/16 (Max-Planck-Gesellschaft zur Förderung der Wissenschaften eV v Tetsuji Shimizu) noted that the entitlement to an allowance in lieu of annual leave is not lost automatically because
Continue reading
We help hundreds of people like you understand how the latest changes in employment law impact your business.
Please log in to view the full article.
What you'll get:
- Help understand the ramifications of each important case from NI, GB and Europe
- Ensure your organisation's policies and procedures are fully compliant with NI law
- 24/7 access to all the content in the Legal Island Vault for research case law and HR issues
- Receive free preliminary advice on workplace issues from the employment team
Already a subscriber? Log in now or start a free trial