Recent ECJ case law has established that workers unable to take statutory holiday due to sickness must be permitted to carry over their unused entitlement at the end of the holiday year. There has been uncertainty as to whether this applies only to the EU-derived minimum 4 weeks' holiday, or also to the additional 1.6 weeks' statutory holiday provided under UK regulations. The EAT has now ruled in favour of the former. UK regulations do not need to be construed to permit carry-over of the additional 1.6 weeks in these circumstances, so that entitlement will be lost unless the individual has a contractual right to carry over. (Sood Enterprises v Healy, EAT)
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