Sick employee entitled to carry over holiday

Shah v First West Yorkshire Limited ET/1809311/09

Mr Shah had booked four weeks' holiday from 22 February to 21 March 2009, but due to sickness absence - which lasted up to and beyond the end of his employer's leave year - was unable to take it. The employment tribunal ruled that the Working Time Regulations 1998 (SI 1998/1833) could be interpreted so as to give effect to a recent European Court of Justice decision, which held that holidays can be carried over to a following leave year if an employee is prevented from taking them. Mr Shah was therefore entitled to carry over his holiday, even though in practice he had already been paid for it while on sick leave.