Calculating Holiday for Part Year and Variable Hours Workers

Introduction

Just as we think we’ve worked out how the Government expect employers to calculate holidays for term time only or zero hours employees following the decision in the Supreme Court for Brazel vs Harpur Trust, guess what! It’s up in the air once again.

Consultation Announced

On 12th January we learned that the Government has decided to consult on amending primary legislation so that once again those who work part year are paid annual leave as a pro rata. In addition they have indicated that they would like to find a more ‘user friendly’ way of calculating annual leave for those who work part year. Perhaps 12.07% will return?

Here’s the link to the Consultation that is open till 9th March. Please respond if you are an interested party, the more feedback the Government receives the better.

Contracts of Employment

The reality of any change in primary legislation is that it is likely that contracts of employment for term time and variable hours workers (such as your casuals and bank staff) will need to be revised when the law is amended. We are expecting an amendment to the Working Time Regulations 1998 with this revision. If you are currently paying term time only staff 5.6 weeks including public and bank holidays then our advice would be to continue to do this. If you are yet to revise the terms and conditions following the decision in the Supreme Court you may wish to evaluate whether there is a risk of a claim now before the legislation is revised.

As soon as we know what the Government has planned for Early Years and Childcare employers we will be putting on a webinar. To make sure you don’t miss out on any planned webinars please subscribe to our list.

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