In a recent Judgement in the case of Harpur Trust -v- Brazel the Supreme Court has clarified the correct method for calculating holiday pay entitlement for an employee with no fixed working pattern.

This judgment has ramifications for employers with employees and workers on zero hours contracts with no fixed working pattern across a wide range of sectors. Employers in the education, hospitality, retail, health and social care sectors are more likely to be impacted.

Background

The Harpur Trust is a UK charity which, amongst other functions, operates multiple schools.

The claimant was employed as a part-time music teacher on a zero hours contract. The claimant did not work every week. A dispute arose between the parties as to the