Every now and again a court somewhere makes a ruling that leaves the door wide open for some serious abuse. We’re not going to cast generalised aspersions about Spanish workers (the ruling related to a Spanish case) or suggest that your average British worker is likely to scam their employer at every opportunity but see if you can spot the flaw here.

Workers who are ill during their holidays can now claim the time back from their employers following a ruling by the European Court of Justice reports The Times .

The court said that employees had the right to ask for statutory leave to be “reallocated” when it was spoilt by sickness. Under the terms of the judgment, employees will be allowed to carry any annual leave marred by illness over into the next holiday year.

The ruling, made over a case in Spain, is in effect a new interpretation of the European Working Time Directive, which applies in Britain across the entire private and public sector.

The wording does not make clear at what stage the employee should contact their bosses to say they were sick or what proof of illness is necessary.

This is the sort of ruling that could spell happy days for employment lawyers. As for other lawyers, we’re not so sure that most get to use up all their holiday entitlement in the average year anyway. And claiming for additional days due to sickness probably won’t win any brownie points when it comes to career progression.

Workers can claim back holidays ruined by illness [The Times]