We have an employee who is currently off sick – and has been since October 2005. This person will not be back at work before the end of our holiday year (1 April – 31 March).

Does this employee still accrue annual leave during the period of illness or is the annual leave accrued for the period that they were in work? I have to add this person does not receive any contractual holiday above the minimum 4 weeks.

I have read conflicting advice – one says yes holiday is accrued and the other says no holiday to be accrued.

Is this ruling set in stone or is it going to court of appeal?

Alex Grundy