Regular readers will recall the Court of Appeal decision in Brazel v Harpur Trust that workers who work term time only may be entitled to additional holiday pay beyond the usual 12.07% of annualised hours. The Court of Appeal found that for some part-time workers, this method does not comply with the Working Time Regulations.
The Supreme Court has now given permission for the Trust to appeal and will likely hear the case either later this year or in 2021.
The law as it stands may create issues in respect of term-time only staff.
It may create greater issues for casual staff who work few hours (such as exam invigilators who only work for a couple of weeks per year) but remain “on the books” as casual employees all year round. Such staff are entitled to a full 5.6 weeks’ annual leave paid at their full (average) weekly pay.
We will keep you posted on further updates to this case. Please contact your HR Consultant if you require any advice or have any contract queries.
