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Unused annual leave during suspension

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  • Unused annual leave during suspension

    A suspended colleague has been told “any unused annualleave cannot be carried over”.
    The NHS Leeds v Larner case in 2012 suggested workers can argue they are entitled to carry over holiday they have not been able to take for reasons other then sickness.
    My colleague has unused leave that accrued during her suspension and hopes this can be used in her next leave year.
    Has this been agreed by any employers since the Larner case?
    Tags: None

  • #2
    Re: Unused annual leave during suspension

    It depends on the circumstances, but it will boil down to whether,or not, she had the opportunity to take her accrued annual leave within the relevant holiday year.

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