How Far Back Can Holiday Pay Claims Go?

Supreme Court: 3-month gap will not break a series of unlawful deductions

Holiday pay continues to prove a headache for employers, particularly for those with variable hours and part year workers, with the Supreme Court confirming last year in Harpur Trust v Brazel that part year workers, such as term time only staff who are contracted across the whole year, are entitled to the full 5.6 weeks' statutory paid leave no matter how many weeks they work. See our article from August 2022 for details: Statutory minimum holiday pay cannot be pro-rated for part year staff.

We are still awaiting the Government's response to its Consultation on calculating holiday entitlement for part year and irregular hours workers which closed in March and seeks to bring holiday entitlements for term time only staff into line with full year part time workers.