Supreme Court will determine how much holiday term-time workers must receive

@JoMoseley1 @irwinmitchell advises how the Supreme Court will determine how much holiday term-time workers must receive

Recently we heard that the Supreme Court has given permission for the employers to appeal against the Court of Appeal’s decision in Brazel v Harpur Trust. 

Last year, the Court of Appeal decided that a teacher engaged on a term time only contract was entitled to 5.6 weeks holiday per year, even though she did not work for the whole year. It said that this was a minimum requirement and it couldn’t be pro-rated to reflect the number of weeks she actually worked. Nor, could the employer apply the 12.07% ‘formula’ for working out her holiday entitlement. You can read our thoughts on the decision here.

Many of our clients were worried they would face a surge in claims and, how they would fund historical underpayments. In some cases that fear has been justified. Unison is very active in this area and has encouraged many workers to pursue claims for unlawful deductions from wages.  

So, it’s good news that the Supreme Court will determine this issue. We don’t yet know when the hearing will take place and will keep you posted.

Have you received a holiday pay claim?

It’s possible, the Supreme Court will reach a different decision, but for now, the Court of Appeal’s decision remains the law. If you receive a claim for underpaid holiday for anyone working on a permanent contract for part of the year (such as on a term-time basis), we recommend that you take advice as it may be possible to stay the claim pending determination of the issue by the Supreme Court. 

Jo Moseley is a Professional Support Lawyer in the Employment Team at Irwin Mitchell