In Shah v First West Yorkshire Limited, an employment tribunal held 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.
S booked four weeks of holiday from 22 February to 21 March 2009. Unfortunately, as a result of breaking his ankle in January, he was on sick leave until 18 April, during which he was paid holiday pay (a higher rate than contractual sick pay) for the days he had booked off. When S asked to reclaim his holiday entitlement, the employer stated that the days were ‘lost’ as he returned to work after the new holiday year started on 31 March. S lodged a claim that under the Working Time Regulations he was entitled to take his accrued untaken leave.
The tribunal upheld Mr Shah’s claim, allowing annual leave ruined by sickness to be retaken in the following leave year.
Shah v First West Yorkshire Limited