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The entitlement to paid annual leave of a worker absent for the whole of a pay year through sickness does not depend on the worker submitting a request for that annual leave before the pay year ends.
The facts of the case are not in dispute. The Tribunal summarised them as follows:
�6.1 On 17 April 2000, the Claimant was employed by the Respondent as a Clerical Officer.� At all material times, she was employed to work for 20 hours per week.
6.2 In or about May 2005, the Respondent gave the Claimant her Statement of Particulars.� This provided:-
Employees will accrue annual leave during paid sick leave.� They will also accrue annual leave whilst they are on unpaid sick leave; however, the combined annual leave must not exceed 20 working days in one year.
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