In NHS Leeds v Larner the Court of Appeal has held that a worker who was unable to take four weeks’ annual leave due to sickness did not have to make a request to carry the untaken leave over into the next leave year in order to receive a payment in lieu of it on termination of employment.
In recent cases it has been suggested that a Cliamnat was not entitled to payment in lieu if they had not requested the leave before the end of the leave year. This too was the argument submitted by NHS Leeds but rejected by the courts.
The European Court of Justice’s decision in Pereda v Madrid Movilidad SAestablished that a worker who is on sick leave during a period of previously scheduled annual leave has the right to take that leave at another time. 'Pereda' was applied to the instant case, L had not had the opportunity during the leave year 2009/10 to take her annual leave. L was thus entitled to carry over her leave entitlement under Reg 13 WTR to the following year without having to make a formal request. The right to be paid for that annual leave crystallised on the termination of her employment. She was therefore entitled to be paid for the annual leave which she had not been able to take in the leave year 2009/10. NHS Leeds appealed again.