Harpur Trust v Brazel Supreme Court outcome

The long-awaited Harpur Trust v Brazel verdict was passed down on 20 July 2022. This relates to holiday pay calculations for workers who work part of the year but are employed all year round (e.g. Term Time only).  

An Acas update states: “Using a 12.07% calculation can result in a part-year worker receiving less than the legal minimum 5.6 weeks paid holiday entitlement. This is because when you’re calculating a worker’s average weekly pay over a 52-week reference period, you have to disregard any weeks for which a worker didn’t get paid.” 

The Local Government Association (LGA) said that the arrangements in the NJC Green Book will require minimal amendments which will be made in due course. 

For any further information, ASCL recommends employers seek their own HR and legal advice. Any ASCL members who feel that they may be individually affected by this, should contact the Hotline

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