Following a recent Supreme Court ruling (Harpur Trust v Brazel) workers who are employed on an ongoing Zero Hours, Irregular Hours or Term Time contract basis are entitled to the full, minimum statutory holiday entitlement of 20 days plus 8 bank holidays / 5.6 weeks per year, regardless of the fact that they only work for a proportion of the year. (This does not apply to part time workers who work fixed hours and days – they should still receive their holiday entitlement pro-rata).
In addition, holiday pay must now be paid when the worker takes their annual leave and be paid at the worker’s average rate of pay over the previous 52 weeks.
Further details regarding the changes and requirements are provided below.
In summary this means that:
Important – The risk: Please be aware that you may be at risk of a backdated claim for holiday pay owed. Currently employees are able to submit a backdated claim for up to 3 months, however a further case is currently with the Supreme Court which may set a precedent for employees to submit claims going back further in time.
General guidance on holiday pay click here
Full details can be found here
If you need any help or advice regarding this, please get in touch.