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15.07.2022

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

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

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.

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