August 9, 2022

Volume XII, Number 221

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August 08, 2022

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UK: Harpur Trust v Brazel and Holiday Pay

In the UK, and most of Europe, employees have statutory rights to holiday leave and the question of holiday pay (and how to calculate it) has been a challenging issue for a long time.  The Supreme Court in London has provided much-needed clarity by ruling in Harpur Trust v Brazel that holiday pay for part-year workers, including term-time or casual workers, should not be pro-rated.  It has been confirmed that such workers are entitled to 5.6 weeks’ statutory holiday pay, the same as employees who work full-time all year.  This decision will have a significant impact on employers of part-year workers who have been pro-rating holiday pay using the now discredited “12.07% method”.  Going forward, employers will now need to average holiday pay over a 52-week reference period and change their policies to reflect this decision.

© 2022 Vedder PriceNational Law Review, Volume XII, Number 217
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About this Author

Jonathan Maude Labor and Employment Law Attorney Vedder Price Law Firm
Partner

Jonathan Maude is a Partner at Vedder Price and a member of the Labor and Employment group in the firm’s London office.

Mr. Maude is an experienced and well-respected practitioner working in labor and employment law. He regularly advises across the full spectrum of employment law-related issues in the contentious and noncontentious spheres with a particular emphasis on advising corporate clients on complex strategic human resource-related matters.

Jonathan Maude's practice can be broadly broken down into the two areas...

+44 (0)20 3667 2860
Associate

Rachel Easton is an Associate in Vedder Price’s London office and a member of the firm’s Labor & Employment group.

Ms. Easton focuses her practice on advising employers on key areas such as disciplinary processes, grievances, redundancies and sickness absences. She also provides advice to clients on various “without prejudice” conversations, drafting settlement agreements, advising on post-employment notice pay (PENP), and other employment policies. Ms. Easton has assisted on a number of acquisitions by highlighting employment issues, reviewing and drafting legal due diligence...

44 (0) 20 3667 2923
Daniel Stander Labor & Employment Attorney Vedder Price London, UK
Associate

Daniel Stander is an Associate at Vedder Price and a member of the firm’s Labor and Employment group in the London office.

Mr. Stander has experience in dealing with non-contentious and contentious matters for both employers and senior executives. In particular, he has experience in the following areas: day to day UK and international employment and multi-jurisdictional HR issues including unfair dismissal, discrimination and whistleblowing claims, and advising on, preparing and negotiating settlement agreements. Mr. Stander has a particular interest in mental health issues and...

44 (0)20-3667-2861
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