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On 6 November 2018, the European Court of Justice decided that employees' leave entitlements do not expire even if they have not applied for leave unless they have been required by the employer to take the leave to which they are still entitled. In the event of a dispute, the employer bears the burden of proof.
The portal data for September was released by Claims Portal Limited on Friday afternoon. Last month’s analysis based on the August data highlighted that it was more difficult to reach conclusions when that data was based on temporarily lower levels of activity over a key holiday month. Those holidays having been taken by September, we do at least now have a more secure evidential base to look at.
The Court of Appeal ruling in Billett v Ministry of Defence is a favourable decision for defendants facing claims for future loss of earnings in cases of lower levels of disability. Daniel Clegg analyses the topic generally, the issues raised in this particular case, the rationale behind the judgment, and the implications for insurers.