Rojgar Job News

This time concerning how holiday pay should be calculated for those who only work for part of the year, e.g. term-time workers, and arguably proof positive of the old legal maxim that “hard cases make bad law”. The Court of Appeal in The Harper Trust v Brazel has said that employers should not use the ordinary rolled-up premium of 12.07% of annual pay to calculate holiday pay for workers who only work for part of the year and who do not have normal working hours. Such workers are instead entitled to have their statutory holiday pay entitlement calculated in accordance with the “week’s pay” provisions set out in the Working Time Regulations 1998, i.e. based on their average earnings over the 12-week period prior to taking leave. In practice, this will normally mean higher holiday pay payments are due. Ms Brazel is a part-time music teacher at Bedford Girls School. She was described by the Court of Appeal as a ‘part year’ worker because she only ...