The recent judgment effectively only relates to the question of which pieces of UK legislation workers can use to claim holiday pay. When the Court of Appeal heard this case some time ago, it decided that the Working Time Regulations provided a self-contained mechanism for claiming holiday pay.
Following the recent decision of the House of Lords in HM Revenue and Customs v Stringer and Others, now seems an opportune moment to summarise what has (and perhaps more importantly what has not) been decided as regards holiday pay and long-term absentees.
Regular readers of our updates may remember that we reported the European Court of Justice’s decision in the same case earlier this year. Any hopes that the House of Lords would subsequently bring clarity to the question of whether long-term sickness absentees are entitled to holiday pay have been dashed by the narrow scope of their Lordships’ judgment.