Well, the bosses are not pleased…and in my books that is a positive result. Why the sudden despair and indignation?
Workers from HM Revenue and Customs brought a groundbreaking case that argued the right to paid holidays while on long-term sick.
The trade union, PCS, argued that the HMRC was in breach of the EU’s Working Time Directive. They originally took it to the Court of Appeal where they lost:
In April 2005, the UK’s Court of Appeal decreed that workers absent on long-term sick leave could not claim holidays or holiday pay for the time they were absent from work, nor could they expect compensation for lost holiday if they left their job before returning to work.
The case was then taken to the the European Court of Justice (ECJ) which ruled in favour of the workers. The ruling states:
A worker does not lose his right to paid annual leave which he has been unable to exercise because of sickness. He must be compensated for his annual leave not taken. Lawyers said that the law lords were likely to overturn the Court of Appeal’s earlier ruling in light of today’s guidance from the ECJ.
But as you might have guessed the employers aren’t impressed and see it as a ‘severe blow to business’….
This is a real blow to firms trying to keep jobs alive during the recession. Businesses themselves also suffer when staff take sick leave, and we had hoped that a compromise could have been achieved over unused holiday time.
When the workers win a striking victory around pay and conditions it’s a ‘blow to business’ yet bosses only too happy to shaft workers. And employers should think long and hard about why people go off sick especially in regards to the increase in stress related illnesses, along with changing work-place environments and attitudes.
Well done HM Revenue and Customs workers and the PCS union.
