Shah v First West Yorkshire Ltd

This is the first reported case of a tribunal applying the European Court of Justice (ECJ) decision made in Pereda (ECJ C-277/08). The ECJ held that holiday could be postponed where an employee was sick, if necessary to the next holiday year. The issues in this case were very similar to those in Pereda . Shah had booked holiday towards the end of the holiday year, but then was absent due to sickness at the time of his planned leave. He was paid sick pay during his absence and holiday pay during what would have been his holiday period.