The Tribunal ruled that a worker was entitled to payment in lieu of holiday for previous holiday years as he had not been able to take the leave. Whilst the EAT did allow an appeal against the decision in the case of The Sash Window Workshop Ltd and another v King this was because the Tribunal had not made sufficient findings of fact to support its conclusions. It did not rule out the principle altogether.

There have been a number of holiday pay decisions over the past couple of years. The case of NHS Leeds v Larner in 2012 decided that if a worker did not wish to take their holiday entitlement during a period of sick leave then the holiday must be granted at a different time, even if that means it is carried over into the next holiday year. This latest case is a further extension of that principle and may mean it is possible for those that are unable to take their leave for reasons beyond their control to take this later outside the holiday year or be paid in lieu upon termination.