The holiday pay saga – Clarification on calculating term time pay for part-time workers

The ongoing saga of changes and fluctuations in the holiday pay continues with the recent decision of the Court of Appeal held in The Harpur Trust v Brazel case that holiday entitlement for ‘part-year’ workers should not be calculated on a pro rata basis at 12.07% of annual pay under the Working Time Regulations.

The case involved a music teacher who was permanently employed by the Trust. She worked during term-time only, on irregular hours (around 32) per week. It was decided by the EAT and upheld by the Court of Appeal that this employee was entitled to have holidays calculated on a 12-week average of hours worked, making, on her hours, holiday pay around 17.5% of annual pay, rather than 12.07% for staff working a whole year (based on 5.6/46.4 weeks).

The key in this case was the fact that this individual worked irregular hours but again supplements the need to get the issue of holiday pay sorted rather than leave scope for a claim to be presented.

This is an important case particularly in the PCV sector where operators need workers who will work term time only to accommodate the needs of their school contracts.

We recommend that you seek guidance and our employment team are available on 01254 828300.