Harpur Trust v Brazel Case – Implications for Employers

Posted in : First Tuesday Q&A NI on 1 November 2022
Chris Fullerton
Arthur Cox NI
Issues covered: Harpur v Brazel; Holiday Pay for part-year workers

In light of the judgment in Harpur Trust v Brazel, how do you calculate holiday pay for workers on permanent contracts with no regular working hours (i.e. zero-hours)?

The UK Supreme Court in Harpur Trust v Brazel [2022] UKSC 21 removed the widely accepted method of calculating holiday pay in a unanimous decision. Before this judgment, it was generally accepted that holiday pay should be calculated on a percentage of actual hours worked, being 12.07%.

However, the Supreme Court found that holiday pay instead should be calculated using the ‘calendar method’ based on the proportion of weeks the worker was actually engaged, regardless of the amount of work done. All workers therefore have a

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Back to Q&A's This article is correct at 01/11/2022

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.

Chris Fullerton
Arthur Cox NI

The main content of this article was provided by Chris Fullerton. Contact telephone number is 028 9023 0007 or email Chris.Fullerton@arthurcox.com

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