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ARTICLE · 22 JULY 2022

Holiday Pay: Harper Trust v Brazel

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In the case of Harper Trust v Brazel, the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance...

United KingdomEmployment and HR
Katherine Fox
Katherine Fox
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In the case of Harper Trust v Brazel, the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

The Working Time Regulations entitle workers to 5.6 weeks' paid annual leave. Where an employee does not have regular working hours, employers are to calculate holiday by looking at average earnings over the previous 52 weeks, discounting weeks where no work was carried out. This can be a tricky calculation where the employee works irregular hours, requiring detailed records of hours worked, even in cases where employees do not work on an hourly basis. As such, some employers have calculated holiday pay in such circumstances by applying 12.07% of pay per hour or pro-rating holiday entitlement to reflect the number of weeks employees actually worked in a year.

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