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Legal 500, 2010

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Employers could expect claims from former staff members

Fri 12 Mar 2010

Employers could be likely to face backdated claims for outstanding holiday pay from employees who have left the company.

James Rawlings, who had been off work for a year because of sickness until he left his place of work, did not receive payment for the holidays he had been unable to take during this period.

He therefore took legal action against The Direct Garage Door Company and an employment tribunal ruled in his favour, stating that he is entitled to receive the money, Personnel Today reports.

This follows a similar ruling by the House of Lords in last year's Stringer v HMRC case.

As a result, it is likely that more and more people will launch similar legal challenges against their former employers.

This comes ahead of the launch of the fit note scheme, which will replace the traditional sick note and allow doctors to tell bosses whether employees who have been off sick are able to perform certain tasks at work.


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