Q&As

Following Harpur Trust v Brazel, if an employer provides full-time workers with contractual holiday entitlement in excess of the 5.6 weeks’ statutory entitlement (which may or may not be linked to length of service), does the employer also have to provide the same ‘enhanced’ contractual entitlement to part-year workers, pro-rated?

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Published on LexisPSL on 28/01/2020

The following Employment Q&A provides comprehensive and up to date legal information covering:

  • Following Harpur Trust v Brazel, if an employer provides full-time workers with contractual holiday entitlement in excess of the 5.6 weeks’ statutory entitlement (which may or may not be linked to length of service), does the employer also have to provide the same ‘enhanced’ contractual entitlement to part-year workers, pro-rated?

Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (PTW Regs 2000), SI 2000/1551, reg 5(1), a part-time worker must not be treated less favourably than a comparable full-time worker as regards the terms of the worker’s contract (ie including contractual benefits such as holiday), unless the treatment is justified on objective grounds.

A worker is a part-time worker if they are paid wholly or in part by reference to the time they work and, having regard to the custom and practice of the employer in relation to workers employed by the worker's employer under the same type of contract, is not identifiable as a full-time worker.

In determining whether less favourable treatment has occurred, the pro rata principle is applied unless it is inappropriate. Therefore, if full-time workers in the employer's organisation receive contractual holiday entitlement in addition to their statutory entitlement, part-time workers should also receive more than the statutory minimum, calculated on a pro rata basis, to ensure compliance with the PTW Regs 2000, SI 2000/1551.

See Practice Notes:

  1. Part-time workers

  2. Holiday—Part-time workers, annualised hours and other atypical working arrangements

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