Calculating Holiday Entitlement for Term-Time Workers: Supreme Court Judgement

Posted in : Quarterly Education Law Updates on 5 September 2022
Paul Upson
Napier Solicitors
Issues covered: Working Time and Leave; Holiday Pay; Term-Time Workers


Mrs Brazel was a music teacher who worked at a school run by the Harpur Trust. She was employed under a permanent contract but did not have fixed hours and only worked during term time. 

Each year Mrs Brazel received three payments for holiday pay at the end of each term. On each occasion the employer calculated her working hours for the preceding term; and paid her holiday pay for 12.07% of those hours.   

The 12.07% figure was calculated by dividingthe statutory annual leave entitlement of 5.6 weeks by 46.4 weeks. The 46.4 weeks representedthe 52 weeks in a leave year, minus the 5.6 weeks statutory annual leave entitlement (the 5.6 weeks were

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This article is correct at 05/09/2022

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

Paul Upson
Napier Solicitors

The main content of this article was provided by Paul Upson. Contact telephone number is 028 9024 4602 or email

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