Part time workers and holiday head-scratcher – latest chapter

Regular readers will recall the stir caused by the Court of Appeal decision last summer in the case of Brazel v Harpur Trust – it confirmed that permanent workers who work for only part of the year are still entitled to the full 5.6 weeks of holiday pay provided as a legal minimum for full-time workers. Crucially it found that this entitlement should not be pro-rated down, leading to an odd outcome that part-time workers of this sort, such as ‘term time only’ staff, would receive proportionately more holiday than their full-time equivalents. For a reminder of that decision click here https://mitchelllaw.co.uk/part-time-holiday/

The good news: this may not be the end of the story.  The Supreme Court has now granted leave to appeal, meaning there is a possibility that the previous legal position will stand, leaving us with more confidence to pro-rate holiday for those part year workers.

On a practical note, we have previously advised that employers may decide to ‘wait and see’ before revising holiday calculations for part year staff. Watch this space to see what the Supreme Court makes of it all.

 

If you would like further advice tailored to your particular circumstances, please contact us.