The Supreme Court Grants Permission to Appeal in the Case of Harpur Trust v Brazel
On 19 June 2020, the Supreme Court granted The Harpur Trust leave to appeal an earlier decision by the Court of Appeal which made a significant change to the way in which employers must calculate holiday pay for ‘part-year’ workers.
Simon Bevan has been acting for The Harpur Trust since the matter originally arose in 2013. Caspar Glyn QC of Cloisters chambers is leading counsel.
Under the Court of Appeal judgment, an employee who is employed under a permanent contract, but who only works for part of the year, should receive the same 5.6 weeks' holiday entitlement as an individual who works all year round. They would also receive a proportionately higher rate of pay for their holiday than full year workers. We have reported in more detail on the Court of Appeal decision here.
If The Harpur Trust is successful, the principle of pro-rating the 5.6 weeks' holiday entitlement for those who work part of the year could be re-instated.