Since Pereda is an ECJ decision, is it binding on NHS organisations?
This is not clear. Employees within the public sector can often rely on the principle of direct effect. This means that they can rely on the wording of the European directive (as interpreted by the ECJ) even if the national legislation does not implement those provisions adequately. However, for the principle of direct effect to apply, the provisions need to be unconditional, sufficiently precise and not give member states substantial discretion in their application. The Court of Appeal has previously held that the holiday provisions of the European directive do not have direct effect. However, more recent case law has suggested the opposite. There will no doubt be further case law on this issue! What should NHS employers consider? As a result of the generous NHS sick pay provisions, NHS employers are more likely to face retrospective claims of illness from employees wishing to switch annual leave to sick leave than private sector employers. The first step would be to review policies r
