How does the decision in the Stringer case affect a workers entitlement to public holidays?
For the Stringer case, the Employers’ Side of the NJC for Local Government Services (the Green Book) intend to clarify any issues with the trade unions arising from this case that may affect the Green Book. In Pereda v Madrid Movilidad SA, the ECJ ruled that workers who are sick during scheduled annual leave must be able to ask for their statutory leave to be rearranged, even if that means carrying forward the leave into a new leave year if there is not enough time to take the leave in the current year. Local authority employers who apply part 3 of the Green Book will already be familiar with managing sickness during annual leave. This part of the Green Book provides that employees on annual leave will be regarded as being on sick leave if they have a doctor’s certificate to cover that illness. However, under the Pereda case, no doctor’s certificate is required before a worker is deemed to be on sick leave instead of annual leave. The practical implication of this is that although empl
