In Harpur Trust v Brazel  IRLR 1012 CA, 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. The Court of Appeal acknowledged that calculating holiday pay without a pro rata reduction for part-year workers might produce perceived inequities, but the Court did not consider it to be unfair.
Harpur Trust appealed the Court of Appeal's decision to the Supreme Court. The Supreme Court is due to hear the appeal on 9 November 2021.
Kostal UK Ltd appealed the EAT decision to the Court of Appeal. In Kostal UK Ltd v Dunkley and others  IRLR 817 CA, the Court of Appeal allowed the appeal and set aside the tribunal decision. The Court of Appeal held that the employer had asked the workforce if it would agree a particular term on this occasion; it had not sought a permanent change in its relationship with the union.
The Supreme Court granted the claimants permission to appeal the Court of Appeal's decision. The Supreme Court heard the appeal on 18 and 19 May 2021.
R (on the application of the Independent Workers Union of Great Britain) v Central Arbitration Committee and Roofoods Ltd (t/a Deliveroo)
employment status | collective bargaining | human rights
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