Holiday During Sickness Could Be Carried Over To Next Year

20 February 2010

An ET held in Shah v First West Yorkshire Limited that an employee whose pre-arranged holiday coincided with a period of sick leave should be allowed to carry over that leave entitlement to the following holiday year. The tribunal interpreted the Working Time Regulations 1998 in line with the EC Working Time Directive by reading into Reg. 13(9) (preventing carrying over of statutory holiday) words providing for holiday to be carried over where it coincided with sickness absence. This is the first tribunal decision giving effect to the ECJ’s decision in Pereda v Madrid Movilidad SA.