Holiday pay: The Supreme Court Decides

21st July 2022

Yesterday the Supreme Court rejected Harpur Trust’s appeal with regards to the calculation of holiday pay.

 

In 2013 Brazel was a part-time music teacher who worked varying hours throughout the year. Her employer was Harpur Trust. When taking her holiday, Harpur Trust calculated her holiday pay based on 12.07% of hours worked. Brazel disagreed with this method as, even at the time, the recommended legislation was to use a reference period of 12 calendar weeks in calculating due holiday.

 

Various court cases have been heard since 2013, but on 19th July 2022, the Supreme Court dismissed Harpur Trust’s final appeal & have found that calculating holiday pay based on 12.07% was unlawful.

 

It should be noted, that in intervening time period, the holiday pay reference period has been extended to 52 weeks & this is the method by which holiday pay is to be calculated.

 

If you are unsure of how to calculate holiday pay for your employees please do get in contact with our payroll team.

Disclaimer - All information in this post was correct at time of writing.
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