Vedder Thinking | Articles Esther Langdon Authors Article on Employee Time Off Procedures in People Management
September 27, 2017
London Solicitor Esther Langdon was recently published in People Management for her article, “Can an Employee Be Too Sick to Take Holiday?” in which she discusses the approach employers should take when deciphering between sick and holiday pay, and what to do when an employee falls sick on holiday leave.
Ms. Langdon outlines cases such as Pereda v. Madrid Movilidad and Asosiacion Nacional de Grandes Empresas de Distribucion v. Federacion de Asociaciones Sindicales & Ors, where the European Court of Justice ruled that a worker who is incapacitated before or during a period of pre-arranged statutory holiday should have the right to reschedule that holiday to a later date. She states, however, that this may put employers in a tricky position, as proving such claims to be valid is a difficult task. “Employers must ensure they adopt a consistent approach to such claims to avoid arguments of unfairness or discrimination,” she says. “Contracts and disciplinary policies should also make clear the serious consequences for any dishonesty here.”
To read the article in full, please click here.