The recent case of Harpur Trust v Brazel & UNISON heard at the Court of Appeal clarified the legal position regarding the minimum annual leave entitlement for all workers.
Currently, full time employees are entitled to 28 days' paid annual leave with part time employees receiving a pro-rata number of days. The position for more casual workers such as those who get a paid allowance instead of their annual leave was more unclear so Unison stepped in, supporting Mrs Brazel.
The latest court ruling concluded that all workers are entitled to a minimum of 28 days' paid annual leave, even if they do not get given work or get paid for parts of the year and that it must be paid at the rate of the normal week’s pay or, if pay is irregular, based on the average payment for the previous 12 weeks.
If you are not sure whether you are indeed being paid the correct holiday leave pay or receiving the full entitlement, contact our Employment Team who will be happy to advise you.
This is not legal advice; it is intended to provide information of general interest about current legal issues.
