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 ebriefing 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.