Dying for a holiday

16 Jun 2014

There has been much media coverage of the European Court decision that the estate of an employee who died during employment can claim the holiday pay they had accrued. It feels counter-intuitive, until you remember that under the Working Time legislation holiday has a dual value: the right to take paid time off, and the right to a payment on termination of employment if you haven’t taken your full entitlement.

In fact, in England, most employment claims can already be brought by the legal representatives of a deceased employee, including unfair dismissal, discrimination, unlawful deduction from wages and breach of contract.

Last year, the legal representatives of an employee who died a few days after being dismissed by British Airways successfully sued the airline for unfair dismissal and disability discrimination, in the process of recovering compensation for the value of the life insurance benefit he would have received if he had died before being dismissed.

So, in the rare cases where an employee dies during service, valuable entitlements may survive to be claimed by their estate (if it can afford the Tribunal fees of course).

Further reading

Encouraging staff back to the workplace following lockdown - how far can an employer push it?

Blog
25/02/2021
Simon Bellm considers the extent to which an employer can require an employee to attend at the workplace, where they are reluctant to do so due to a Covid related reason.
Read more Read

DMH Stallard confirms merger with divorce specialists Brookman Solicitors

Blog, News & PR
22/02/2021
Leading south east law firm DMH Stallard announces its merger with family law firm Brookman Solicitors.  
Read more Read

The UK Economy: calm before the storm?

Blog, Legal Updates
17/02/2021
Insolvency expert Oliver Jackson considers the numbers and the outlook following a year of economic disruption
Read more Read

Consultation on Right to Regenerate

Blog, Legal Updates
16/02/2021
Proposals give members of the public the right to ask for unused land or buildings to be sold. Holly Stevenson looks at the plan.
Read more Read
  • Brighton Office

    1 Jubilee Street

    Brighton

    East Sussex

    BN1 1GE

  • Gatwick Office

    Griffin House

    135 High Street

    Crawley

    West Sussex

    RH10 1DQ

  • Guildford Office

    Wonersh House

    The Guildway

    Old Portsmouth Road

    Guildford

    Surrey

    GU3 1LR

  • Horsham Office

    Ridgeland House

    15 Carfax

    Horsham

    West Sussex

    RH12 1DY

  • London Office

    6 New Street Square

    New Fetter Lane

    London

    EC4A 3BF

  • Get in touch