In 2022 The REC called for the government to consult on the fallout – not least because the ruling means part-year workers are entitled to a larger annual paid holiday entitlement than part-time workers who work the same number of hours across the year but work fewer hours each week consistently across the year. The ruling has caused anxiety and confusion among employers, workers, business representative groups.In a submission to the government, the REC backs the Department for Business and … [Read more...]
Government Consults On Holiday Pay Entitlement For Irregular Hour Workers
With last years Harper V Brazel case hitting the headlines, the Government is now consulting on holiday pay entitlement for irregular hour workers.It wants to hear from agency staff, contractors and umbrella companies on how the entitlement is totted up, along with making some proposals of their own.Because of the result of the Harper V Brazel judgement, part-year workers are now entitled to a larger holiday entitlement than part-time workers, who work the same total number of hours … [Read more...]
Retained EU Law (Revocation and Reform) Bill
There are so many headlines in the mix today that we don't know which ones to shout about first.What with IR35 determinations being handed back to the contractor, Living Wage changes, revoking of the National Insurance increase...... the list goes on.We try to report on important information in our sector and topics that affect our contractors and agencies.This little snippet nearly got lost in the mini budget news. There was an employment law development yesterday and it is very … [Read more...]
12.07% holiday pay appeal rejected
Further to our previous blog regarding holiday pay which details information regarding the Harpur Trust v’s Brazel case, it has been published today that the Harpur Trust’s appeal has been dismissed unanimously and the ruling still stands.It was acknowledged that EU case law indicates that, in general, a worker’s minimum holiday allowance is determined by the number of weeks they actually work. Under UK law, holiday pay for people working irregular hours is determined by averaging their pay … [Read more...]
Are you calculating holiday pay at 12.07%? If so, you could be held liable for pay differences.
The position regarding holiday pay entitlement for workers with varying work patterns was considered by the Court of Appeal in the 2019 case of Harpur Trust vs. Brazel Case Study Ms Brazel, a clarinet and saxophone teacher worked at schools providing individual lessons to its pupils. She worked on average between 10 and 15 hours per week. She was paid by the hour and did not work during the school holidays. Ms Brazel was required to take her holiday entitlement.The school did what … [Read more...]
Jobs of the future may not have stable hours, holiday pay, sick pay, or pensions, DWP secretary says
Damian Green describes development in the labour market as 'exciting'.Jobs of the future may not have stable hours, holiday pay, sick pay, or pensions, the Work and Pensions Secretary has said.Damian Green described the trend in employment practices towards the so-called “gig economy” as “exciting” and said the changes had “huge potential”.The Cabinet minister’s endorsement of the approach comes a month after an employment tribunal found that drivers for the Uber car service should … [Read more...]