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Legal Advice on Holiday Pay

Holiday pay

HR & Employment Law

 

Specialist legal advice on holiday pay

The law on holiday pay is notoriously complex, and is subject to an evolving body of legislation and case law. Part-year and irregular hours workers' holiday entitlement has been a high-profile issue for schools since the Supreme Court handed down its judgment in the Brazel case. That judgment has prompted the Government to step in with new legislation, the effect of which is explained in the FAQs referenced below.

In addition to issues surrounding the holiday entitlement of part-year and irregular hours workers, it can also be tricky to calculate holiday pay for other categories of worker, including shift workers and those who work overtime. There are also associated issues it is important to get right, for example in respect of staff communication, contracts, and National Minimum Wage.

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How our team can help you

Our experienced team of solicitors can help you audit your current holiday pay arrangements and support you as you make any necessary changes to your practices. We can advise on:

  • Whether your current holiday entitlement and pay calculations are compliant with the Working Time Regulations and the statutory formulas set out in the Employment Rights Act 1996, and if not, what changes to make in order to achieve compliance
  • Your staff contracts of employment, and whether these should be amended in order to comply with the law on holiday pay
  • The most efficient way to manage holiday entitlement and pay for different types of worker
  • Your potential liability for back pay for underpaid holiday, and determining your strategic approach to back pay

managing staff communications throughout, including in the event of grievances or Employment Tribunal claims on holiday pay


Holiday pay FAQs

The Government has introduced secondary legislation to amend the Working Time Regulations in order to make several important changes to the law on holiday pay. We have compiled frequently asked questions on some of the key issues for schools to consider.


For specialist legal advice on holiday pay, please contact Alice Reeve on 0117 314 5383 or Simon Bevan on 0117 314 5238.

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