October 2009 Employment Law Update we reported on the case of Pereda v Madrid Movilidad in which the European Court of Justice (ECJ) held that the Working Time Directive (implemented in Great Britain by the Working Time Regulations 1998) requires workers on sick leave during a period of scheduled annual leave to be given the right to take annual leave at a later date. This has now been considered and applied by the domestic courts.
The Working Time Regulations 1998 give workers a right to 5.6 weeks leave per year. At least four weeks of that leave can only be taken in the leave year to which it relates.
In this case, Mr Shah's holiday year under his contract of employment ran from 1 April to 31 March. Mr Shah booked a four week hol
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