In recent years there has been an increasing number of domestic and European cases which have focused on the interaction between statutory holiday entitlement and long-term sickness absence, at times leading to inconsistent approaches. In particular, since 2009 there has been a line of cases which has developed an employee-friendly interpretation of Article 7 of the Working Time Directive (2003/88/EC) (the "Directive"). Discussed in the attached Insight is the most recent of those cases.
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