Holiday pay for ‘term-time’ workers
The Court of Appeal has ruled in The Harper Trust v Brazel case how ‘term-time’ workers should have their holiday pay calculated.
The case considered the claims made by a visiting music teacher who worked at a school and was employed on a zero-hours contract. The claimant argued that the basis adopted by the school was incorrect and should not be based upon 12.07% of her annual pay, this being the approach applied by Harper Trust. The claimant successfully argued it should be calculated by reference to her average earnings over the 12-week period prior to the calculation date, increasing her holiday pay claim to 17.5%.
Many term-time workers will now have an increased right to holiday pay. The impact for employers, especially schools who engage a variety of term-time workers, is that they will need to review and where appropriate revise their calculations. There is also the possibility that back-dated claims will be made for unpaid holiday pay from those affected by the outcome of the decision.
If you have an enquiry about this decision, please contact Nick Bustin or your regular haysmacintyre adviser.