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Supreme Court finally rule in landmark holiday pay case

BREAKING NEWS in employment law world : the Supreme Court have ruled in the long-awaited Harpur v Brazel holiday pay case,

Andrew Collier
Andrew Collier HR Adviser
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BREAKING NEWS in employment law world : the Supreme Court have ruled in the long-awaited Harpur v Brazel holiday pay case, which has significant implications for 'part year' employees (such as term-time only employees).

The Supreme Court has held the entitlement of a part-year employee is calculated by ignoring the fact there are weeks they had not worked, rather than by a proportionate reduction.

This does mean that (as was the case for Mrs Brazel) a part-year employee can end up with a greater amount of leave proportionately than a full-time colleague, but the Supreme Court have held that such an outcome is both compliant with the law and that there is no legal requirement for it to be prorated to that of a full-time employee.

Many employers who had previously followed ACAS guidance (which for some time advised employers to apply a 12.07% calculation) are also told that this approach was wrong.


Photo by Tingey Injury Law Firm via Unsplash

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