Docklands Solicitor

In the recent case of Shah v First West Yorkshire it was confirmed by the Employment Tribunal that where an employee was on sick leave and was therefore unable to take his/her full entitlement of holiday leave, the employee was allowed to carry over the un-used holiday into the next holiday year.


The ET stated in the case that under the Working Time Regulations, Regulation 13(9) “Save where a worker has been prevented by illness from taking a period of holiday leave, and returns from sick leave, with insufficient time to take that holiday leave within the relevant leave year; in which case, they must be given the opportunity of taking that holiday leave in the following leave year.”

This case marks a significant victory for employees. Employers can now expect to be faced with requests, to carry over unused holiday leave in similar circumstances.

Labels: employment tribunals, holiday entitlement, legal advice, working time regulations