Zero hours and casual contracts | Contracts of employment | Employment law cases | HR Tools

Supreme Court rules on holiday pay for part-year workers working variable hours

Date:: 26 July 2022

In Harpur Trust v Brazel, the Supreme Court held that holiday pay for part-year workers should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act.

Court of Appeal rules on calculation of holiday pay for term-time, zero hours workers

Date:: 9 August 2019

In The Harpur Trust v Brazel, the Court of Appeal held that holiday pay for "part-year workers" should not be calculated on a pro rata basis, but by applying the approach set out in s.224 of the Employment Rights Act 1996 and calculating average weekly remuneration over the previous 12 weeks.

Part-time workers: Zero hours lecturer could compare himself to permanent full-time lecturer

Date:: 21 June 2018

In Roddis v Sheffield Hallam University, the Employment Appeal Tribunal (EAT) held that a lecturer employed under a zero hours contract was employed under the same type of contract as a permanent full-time lecturer for the purposes of his claim of less favourable treatment under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (SI 2000/1551).

Worker on zero hours contract placed on short-time working can have holiday pay reduced

Date:: 13 November 2012

The European Court of Justice has confirmed that the holiday pay of a worker on a zero hours contract placed on short-time working can be calculated on a pro rata basis.

Continuity of employment: Casual worker's continuity not broken by holiday

Date:: 14 September 2007

In Vernon v Event Management Catering Ltd EAT/0161/07 the EAT held that a casual worker who, with the exception of a single two-week break to take a holiday, worked every week for more than three years was an employee and had sufficient continuity of service to claim unfair dismissal. He could demonstrate the existence of a contract of employment in each week during the relevant period and the period of holiday did not break his continuity of employment.

Employment law cases

All items: Zero hours and casual contracts

Supreme Court rules on holiday pay for part-year workers working variable hours

Court of Appeal rules on calculation of holiday pay for term-time, zero hours workers

Part-time workers: Zero hours lecturer could compare himself to permanent full-time lecturer

Worker on zero hours contract placed on short-time working can have holiday pay reduced

Continuity of employment: Casual worker's continuity not broken by holiday

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