Term Time working impact, Harper Trust v Brazel case

n007

Has anyone been impacted by the ruling in the Harper Trust v Brazel case where the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

Has anyone employers looked into this and been successful in claiming money back and for how long? what do your new calculation for working term time look like?

General_Grant

Not impacted but, for the future and as an employer, would be considering reducing hourly rate of pay for anyone not working all year.  This would be a problem for anyone on or near NMW.

Marcon

n007 said:

Has anyone been impacted by the ruling in the Harper Trust v Brazel case where the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

Note that the judgement does not apply if they are term-time only workers on fixed salaries.

lincroft1710

If anyone wants to read the judgement

Harpur Trust v Brazel 


https://www.supremecourt.uk/cases/docs/uksc-2019-0209-judgment.pdf

n007

Marcon said:

n007 said:

Has anyone been impacted by the ruling in the Harper Trust v Brazel case where the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

Note that the judgement does not apply if they are term-time only workers on fixed salaries.

Thanks i was full-time and chose term time as a flexible working option, where my 6 weeks holiday (same entitlements as full time employees) was used part of my 13 weeks leave. So assume this ruling applies to myself?

cr1mson

Maybe I am misreading it but the ruling was a result of changing from giving the individual the same as full time i.e. 5.6 weeks to using the percentage method which was the method they had an issue with.

Marcon

n007 said:

Marcon said:

n007 said:

Has anyone been impacted by the ruling in the Harper Trust v Brazel case where the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

Note that the judgement does not apply if they are term-time only workers on fixed salaries.

Thanks i was full-time and chose term time as a flexible working option, where my 6 weeks holiday (same entitlements as full time employees) was used part of my 13 weeks leave. So assume this ruling applies to myself?

Are you on a fixed salary? Or do you have an irregular work pattern where your hours vary, with your pay varying in relation to the hours you work?

n007

Marcon said:

n007 said:

Marcon said:

n007 said:

Has anyone been impacted by the ruling in the Harper Trust v Brazel case where the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

Note that the judgement does not apply if they are term-time only workers on fixed salaries.

Thanks i was full-time and chose term time as a flexible working option, where my 6 weeks holiday (same entitlements as full time employees) was used part of my 13 weeks leave. So assume this ruling applies to myself?

Are you on a fixed salary? Or do you have an irregular work pattern where your hours vary, with your pay varying in relation to the hours you work?

hi 

I work 35 hours over 39 weeks. As a full time employee i used to get 6 weeks annual leave which is now used part of the 13 weeks i am off work.
Salary is fixed monthly.

n007

sorry just to be clear i work 35hrs a week and 39 week term

Marcon

n007 said:

Marcon said:

n007 said:

Marcon said:

n007 said:

Has anyone been impacted by the ruling in the Harper Trust v Brazel case where the Supreme Court has confirmed that workers who only work for part of the year, but on permanent contracts, are effectively entitled to the same holiday allowance as workers who work all year.

Note that the judgement does not apply if they are term-time only workers on fixed salaries.

Thanks i was full-time and chose term time as a flexible working option, where my 6 weeks holiday (same entitlements as full time employees) was used part of my 13 weeks leave. So assume this ruling applies to myself?

Are you on a fixed salary? Or do you have an irregular work pattern where your hours vary, with your pay varying in relation to the hours you work?

hi 

I work 35 hours over 39 weeks. As a full time employee i used to get 6 weeks annual leave which is now used part of the 13 weeks i am off work.
Salary is fixed monthly.

The ruling does not apply to term-time only workers on fixed salaries, and it sounds as if you fall into this category. It only applies to those with irregular hours where their pay is related to the actual hours worked.