- Calculation of holiday pay for workers with irregular hours (Brazel v The Harpur Trust)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- What did the EAT decide?
- Case details
Employment analysis: The calculation of holiday pay for workers with irregular hours should be through a straightforward application of section 224 of the Employment Rights Act 1996. The application of section 224 may have its anomalies, such as to favour someone who does not work throughout the year, but that does not justify either words being read into the WTR 1998 or that the worker’s holiday entitlement should be pro-rated, according to the EAT.
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