Holiday pay for workers with irregular hours - GBH Law
Workers with irregular hours or zero-hours contracts are entitled to paid holiday according to the Supreme Court ruling Harpur Trust v Brazel.
In a recent video interview with Karen Gibb from Menzies Accountants, Andrea stated that if you are an employer, the first thing you need to do is check whether you have zero-hours staff. Do you have casual workers, and do you have part-time workers? Are they retained on a year-round basis, or are they effectively employed for short periods with termination and re-engagement in their contract as needed?
If you are an employer and have people likely to be affected, you need to revisit the holiday pay calculation. Look forward and say, “You are now entitled to 5.6 weeks if we continue to engage you as we have been, and this is what the calculation and holiday pay will look like.”
Consider assessing and potentially changing the contractual arrangement going forward. Do you want or need to retain them on an ongoing year-round basis? Can you terminate and then re-engage staff as needed?
Andrea urges employers not to ignore this and to assess how it affects both themselves and their staff. The longer you leave it, the more problems it may cause in the future. Take a step-by-step approach, seek help and advice, particularly regarding contract changes and any calculations that need to be made.
Watch more here.
How can we help you?
If you have any questions about the Harpur Trust v Brazel ruling, then do get in contact with Andrea here.