Supreme Court's decision on term-time working holiday case due on Wednesday 20 July

featured image

Next week, the Supreme Court will hand down its judgment in the long-running case of Harpur Trust v Brazel.

15.07.2022

The issue in dispute is whether an employee engaged to work part of the year on permanent contracts is entitled to at least 5.6 weeks' statutory holiday, or if a pro-rated allowance to reflect the number of weeks they actually work.  

Why this case matters

This decision will impact many employers, particularly those in the education sector, who engage lots of staff on term-time only contracts. Many have pro-rated their holiday entitlement to reflect the number of weeks they work each year (usually 39, compared to 46.5 weeks for a full-time employee) and, as the law currently, stands may have underpaid staff.   

The decision of the Supreme Court should provide certainty. 

We'll keep you posted.

Our newsletters

We publish monthly employment newsletters. If you'd like to be added to the mailing list, please let me know. 

Our fixed price employment law service

We also have a fixed price employment law service. Please contact Gordon Rodham if you'd like to find out how we can help you avoid these sorts of problems with our fixed-fee annual retainer, or flexible discounted bank of hours service.   

 

Key Contacts

Related Articles

  • KCSIE: new guidance on gender questioning children
    Expert Comment
    KCSIE: new guidance on gender questioning children
    The Keeping Children Safe in Education 2026 guidance is now available. It comes into force on 1 September and contains a number of significant changes schools and colleges need to be aware of.
  • KCSIE: new guidance on gender questioning children
    Expert Comment
    KCSIE: new guidance on gender questioning children
    The Keeping Children Safe in Education 2026 guidance is now available. It comes into force on 1 September and contains a number of significant changes schools and colleges need to be aware of.
  • April–March holiday years: the hidden bank holiday problem
    Expert Comment
    April–March holiday years: the hidden bank holiday problem
    All workers are entitled to at least 5.6 weeks holiday a year under the Working Time Regulations. Some employers include bank holidays within that allowance, others don't.

Recognised for excellence. Chosen for care.

  • Legal 500 Top Tier Firm UK 202
  • alt tzt
  • Sunday Times Best Places to Work 2025