On the second point, the EAT interpreted the Regulation in light of the underlying purpose of the EU Working Time Directive, and held that annual leave does not accrue indefinitely.
The EAT held that accrued annual leave will expire after 18 months from the end of the leave year in which it accrued, and wording to that effect should be incorporated into the Regulation.
On termination of his employment, P requested payment for all his accrued annual leave dating back to 2010.
The employer only agreed to pay him for the annual leave accrued in the current leave year 2013/14, following which P brought a claim for payment in lieu of all his accrued annual leave between 20.
The Employment Tribunal (“ET”) dismissed P’s claim.