Update 20 July 2022: the Supreme Court has dismissed the employer's appeal.
The Court of Appeal has agreed with the EAT decision in Brazel v The Harper Trust that employers must calculate holiday pay for term-time (or other casual) workers using the normal rate of pay averaged over the 12 weeks prior to holiday being taken (ignoring weeks not worked), in accordance with the express wording of the Working Time Regulations. It is not permitted to in effect pro rate the full-time annual entitlement or cap payments at 12.07% of annualised hours (as previously suggested in Acas guidance), even though this may mean part-year workers are treated more favourably than full-timers. Permission to appeal has been sought.
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