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Employment Law Key Case: Holiday pay for part-year workers

13/04/2022

The Supreme Court

Employment law specialist, Dionne Dury reviews the key employment law case - Harper Trust v Brazel [2019] EWCA Civ 1402 concerning holiday pay for part-year workers.

This appeal was heard by the Supreme Court on 9 Nov 2021 and has potentially significant implications on how employers calculate holiday pay for part-year workers. Ms Brazel was a peripatetic music teacher. She only worked during term time and worked irregular hours. Under her employment contract, she was entitled to FTE of 5.6 weeks paid annual leave, to be taken during the school holidays. Her employer calculated holiday pay as 12.07% of the hours she actually worked during the year. Ms Brazel argued that, under the Working Time Regulations, her pay should be calculated using her average weekly earnings during the 12 weeks before she went on holiday. The Court of Appeal agreed with Ms Brazel.

Takeaway for employers: Individuals engaged on part-year, permanent contracts will be entitled to receive proportionately more holiday pay than an equivalent full-time worker.

Watch this space: The case has been referred to the Supreme Court.

Sectors most likely to be impacted: Those that frequently engage part-year workers e.g. education sector.

Affected by this case?

Contact Hatch Brenner Solicitors Employment Law Specialist, Dionne Dury to discuss all your employment matters on 01603 214 229 or email dionnedury@hatchbrenner.co.uk.

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Dionne Dury Employment Law

Dionne Dury, employment law specialist and workplace mediator

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