A long awaited decision from the Supreme Court was announced late in July which confirmed that workers who are only employed for part of a year, but who have a contract which lasts a full year, are entitled to the full 5.6 weeks of statutory holiday.
In reaching this decision, the Supreme Court rejected the view that holiday could be worked out on a pro-rata basis taking into consideration weeks not actually worked.
In this article, Employment Solicitor Paul Burton discusses the outcome of this case.
Harper Trust v Brazel
The case was ultimately a review of a series of previous decisions which particularly included the case of Lesley Brazel.
Ms Brazel was a peripatetic music teacher at a school and worked a term-time only contract meaning she got all usual school holidays off in the same way as any other member of school staff.
What happened to Ms Bazel’s holiday entitlement?
In September 2011, the school changed her holiday calculations and applied the well-known 12.07% ‘percentage method’.
This pro-rated her holiday entitlement in proportion to her actual working time of 46.4 weeks.
This calculation was in accordance with Acas guidance and, indeed, the advice which would have been given by most specialists at the time.
What is the legal requirement for annual leave UK?
The law states that all workers are entitled to 5.6 weeks of annual leave (Working Time Regulations).
Throughout this dispute, the school had argued that Ms Brazel already had the usual school holidays off and that awarding her the full 5.6 weeks on top would be a windfall for part-year workers.
What did the supreme court rule?
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