What is loss of holiday as a head of claim?
Loss of enjoyment of holidays — pain/suffering element; loss of statutory annual leave days not taken due to incapacity — financial loss if employer does not pay them out
Can you carry forward annual leave accrued while on sick leave?
Working Time Regulations 1998 — statutory leave (5.6 weeks) accrues during sickness absence; Plumb v Duncan Print Group [2015] — carry forward of 4 weeks EU leave; employer must allow carry forward where leave could not be taken due to injury; lost leave is a financial loss in the claim
How is holiday loss valued?
Daily rate x days lost; general damages element for loss of enjoyment of planned holidays affected by injury — modest but real
Related questions
I was too injured to go on holiday — can I include this in my claim?
Yes. The loss of enjoyment of a specific holiday, including any irrecoverable deposits or cancellation costs, can be included as special damages.
Does annual leave accrue when I am off work sick?
Yes. Under the Working Time Regulations 1998, statutory holiday entitlement accrues during sickness absence. You should not lose statutory leave because you were unable to take it due to your injury.
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Sources
- Working Time Regulations 1998
- Plumb v Duncan Print Group [2015]
- JCG 17th edition (loss of amenity)
This answer is editorial information about UK law. It is not legal advice and does not create a solicitor–client relationship. For advice on your circumstances, speak to a regulated personal-injury solicitor.