This is our selection of the recent developments which we think
will have the most significant impact on HR practice.
1. Holiday pay for part year workers
The Court of Appeal has ruled that holiday pay for a
teacher who worked irregular hours on a permanent term-time, or
so-called "part-year" contract, should be calculated
using her average earnings over a 12-week period and not pro-rated
according to the proportion of the year worked. The common practice
of applying a cap of 12.07 percent of annualised hours, as
suggested by ACAS, was incorrect.
Ms Brazel, a visiting music teacher to a school worked 10 to 15
hours a week during term time, on a permanent zero-hours contract.
She was paid monthly according to the hours worked. She did not
work during school holidays and was paid for her annual leave in
April, August and December, calculated as 12.07 per cent of her
earnings in the previous term (a method recommended by ACAS on the
basis that the statutory annual
