If a part-year worker on a continuous contract is entitled to additional contractual holiday in addition to their 5.6 weeks’ statutory holiday entitlement, (a) should their statutory holiday pay be calculated (in line with Harpur Trust v Brazel), in accordance with regulation 16 of the Working Time Regulations 1998 and sections 221–224 of the Employment Rights Act 1996 and the additional contractual holiday be pro-rated, or (b) should the entire holiday entitlement be calculated on a pro-rata and, if necessary, ‘topped up’ to the equivalent of 5.6 weeks calculated in line with Brazel?

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Published by a UU��ֱ�� Employment expert

Published on: 13 October 2022

Under the Working Time Regulations 1998 (WTR 1998), SI 1998/1833, a worker is entitled to 5.6 weeks of paid annual leave, made up of:

•
a ‘basic’ entitlement of four weeks’ annual leave each leave year, implementing the right under Directive 2003/88/EC, the Working Time Directive (WTD)
•
an ‘additional’ entitlement of 1.6 weeks’ annual leave each leave year

Under WTR 1998, SI 1998/1833, reg 16, a week’s pay is calculated in accordance with sections 221, 222, 223 and 224 of the Employment Rights Act 1996

Jurisdiction(s):

United Kingdom

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