The judgment in the case of Harpur Trust v Brazel was published today (20 July 2022) confirming that part-year employees (and those working irregular hours) are entitled to 5.6 weeks’ holiday a year paid at the rate of a normal week’s pay regardless of how many weeks of the year they work for. Full details of the case are in our e-briefing here.
All employers should note that the ruling confirms the following:
- To comply with the Working Time Regulations holiday can no longer be pro-rated for permanent zero-hours or part-year employees. That means that the 12.07% method of calculating holiday pay is no longer legally compliant for these groups of employees.
- Zero-hours and part-year employees on permanent contracts have an automatic right to 5.6 weeks holiday and therefore 28 days holiday regardless of the amount of time they work.
- Holiday pay for zero-hours and part-year employees who take their 28 days of leave needs to be calculated based on their average weekly remuneration in the 52 weeks preceding the holiday (excluding any non-working weeks).
It should be noted that Unison was a party to the proceedings and therefore I expect that it will now focus its attention on employers who have arrangements contrary to the principles established by the Supreme Court. I would strongly encourage all employers to familiarise themselves with the case and review their working practices to ensure full compliance.
The Supreme Court unanimously dismisses the Harpur Trust’s appeal.