Employment Law Update – September 2019

We are pleased to provide you with the Herrington Carmichael LLP employment law update for September 2019.

This is a key note summary of some of the main developments in employment law in the last month.

1. Holiday pay cannot be pro-rated for 'part year workers'

In the most recent case about the way holiday pay is calculated, of Brazel v The Harpur Trust, the Court of Appeal has ruled that holiday pay for permanent workers who only work part of the year cannot be pro-rated.

The Claimant was a music teacher, working only school term time. She was required to take her holiday outside of the school term and her employer paid her accrued holiday entitlement three times a year, at the end of each term. The Claimant's holiday entitlement was calculated by reference to 12.07% of the hours she worked. Whilst this is not a method of calculation prescribed by the Working Time Regulations 1998 (WTR), it is one regularly used by employers to calculate holiday entitlement