Vir Cantium

I'm right, you know …

The EU: Not A Place To Do Business

At least, certainly not if it involves employing people. Here is a legal ruling on a case brought, in part, by some HM Revenue & Customs employees:

Employees are entitled to accrue holiday pay while on sick leave and can carry that leave over into another year if they are too ill to take it, the European Court of Justice (ECJ) has ruled.

Okaaaay. Here’s the best bit though:

Individuals may also be able to claim for annual leave payments dating back more than 10 years, to when the Working Time Directive was first introduced, if their sickness absence had meant they were unable to take holiday, and hadn’t already claimed benefits from their employer.

Great! Well, great if your employer is, say, a large organisation that doesn’t have to worry much about having enough cash at the end of the month to pay the bills. Anywhere else, and either your employer will be pushed that bit closer to the edge, or you’ll find yourself strangely frustrated in your career path.

I will be fair here (maybe because I deal with them regularly): normally it’s not HMRC staff making life difficult for businesses, but the system they work in and their Whitehall and political masters. Therefore, this case might count as unusual in being a case of HMRC staff making like difficult for businesses entirely from their own initiative.

Trouble is, it does not seem that the principle cuts both ways, though. If one is sick during work time, can the employer dock the employees’ pay, or compel them to work unpaid overtime to make it up? Funnily enough, no. Now that would be equitable.

H/T: The Register


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