Webinar: Holiday pay update for schools
15th September, 2022
10:00 am - 11:00 am
The Supreme Court recently handed down a judgment on holiday pay which will have significant implications throughout the education sector.
Join us on 15th September at 10am where we will look into this judgment in more detail. Book your free place here.
In Harpur Trust v Brazel, the employee was a peripatetic music teacher who worked varying hours each week during term-time. The school paid her holiday pay in three instalments at the end of each term, equivalent to 12.07% of her earnings during that term. This 12.07% figure reflects a well-established method for calculating holiday pay entitlement for casual or atypical staff, which was advocated by now-removed ACAS official guidance as the appropriate method to use in such circumstances to ensure parity with full-time equivalent workers.
However, the Supreme Court have ruled that this is not permitted by the Working Time Regulations 1998. Their judgment means that casual and atypical staff must receive a full-time holiday entitlement with a holiday pay calculation basis which is likely to place them in a more favourable position than full-time colleagues (including term-time only staff with regular working hours). The Supreme Court acknowledged this disparity, which could produce extremely disproportionate holiday pay entitlements with certain casual or atypical working patterns (the example of invigilators was provided).
This ruling is likely to affect any schools clients who engage any individuals whose working hours vary from week to week (most notably but not necessarily limited to ‘casual’ staff).
Graham Vials and Tom Shears will be hosting this webinar via Zoom at 10am on Thursday 15 September 2022. They will look at the judgment in more detail, including what it may mean for schools in terms of historic financial liability and the steps which schools should be considering moving forward in response to this judgment.
You will be able to ask your own questions in advance via the registration form or using the Q&A feature in Zoom on the day.