Is it unlawful to pay a term time worker rolled-up holiday pay?
Published on: 03/07/2018
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Article Authors The main content of this article was provided by the following authors.
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris Fullerton Partner in the Employment Law Group, Arthur Cox LLP
Chris fullerton from arthur cox ni
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>Chris is a partner in the Employment Law Group of the Arthur Cox Belfast Office in Northern Ireland.

Chris has extensive experience dealing with both contentious and non-contentious employment law matters. Chris advises a range of employers on all aspects of employment law including executive appointments, severance, grievances, disciplinary issues and trade union matters. Chris has represented clients before the Industrial Tribunal, Fair Employment Tribunal and the Court of Appeal in Northern Ireland in employment litigation such as unfair dismissal, equality/discrimination and whistleblowing. Chris’ practice area includes advisory work and corporate transactions.

Is it unlawful to pay a term-time worker rolled-up holiday pay?

Rolled-up holiday pay is when an employer does not pay the employee holiday pay while they are on holiday, but instead makes an additional payment during the weeks that the employee works. This represents the pay due in respect of the holiday periods.

In relation to term time workers, employers will often require that they take their holidays during school holidays, but this should be specifically addressed in the employee's contract of employment.

Employers can either pay term-time workers holiday pay during part of their school holidays or spread their holiday pay across their pay during the year.

In Gee and others v Governing Body of the Haberdashers’ Aske’s Boys’ School, the Employment Tribunal found that paying term time employees equal instalments of holiday pay throughout the year did not amount to rolled-up holiday pay and is acceptable.

Technically rolled-up holiday pay remains unlawful, however, because holiday accrual for term-time workers is governed by term dates, the courts do not view the practice of paying term-time workers in equal instalments as constituting rolled-up holiday pay.

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 03/07/2018