I am currently looking into the implications of the Gomez v Continental Industries case where it seems there may now be a right for employees to take their entitlement to statutory holiday under the WTRegs when they return from maternity leave even if the organisation operates a set shutdown period for holiday which fell within the period of maternity leave. I am looking at this in the first instance in relation to teachers and term-time only employees but I gather the ruling applies to all employees with a fixed holiday time. The advice coming out of the Employers Organsiation is that teachers will now have the same right -depending when their period of maternity leave falls within the year.

As far as I can see there are few cases where holiday will not be able to be carried over (and therefore taken within the non working holiday period of the following year) but it appears there may be implications where a woman decides not to return and has not taken her full entitlement. In these cases she may be able to ask for her holiday to be taken as pay. Could I ask if anyone else is looking at changing the advice given in light of a ruling on this case?
Jackie Campbell