A recent tribunal case is set to have a massive impact on how holiday is calculated for all workers who’s hours vary, and this of course includes temporary workers. The case involves Mrs Brazel who was a visiting music tutor at Harpur Trust school. Brazel was engaged on a zero hours contract and queried how her holiday was calculated. Whilst it seems logical for holiday to be accrued proportionately to the number of hours worked, this case questions that assumption.
As with most legal cases, it isn’t straight forward! So we’re chatting to legal expert and friend of the show Rebecca Seeley-Harris who sheds some much-needed light on the detail for us. Join us to find out:
- Background to the case and how Mrs Brazel’s holiday was being calculated;
- Why this case, and the interpretation of legal statute is so important;
- What needs to change as a result of this case, and who is affected;
- How your holiday is calculated – what is ‘rolled up’ and ‘accrued’ holiday;
- Why it’s essential that your umbrella or agency ensures you are aware of your holiday entitlement.
The Supreme Court was trying to assist part-year workers, but the result may be detrimental for temporary workers. If your holiday is calculated on a pro-rated basis, you need to listen to this episode!
About Rebecca Seeley Harris
Rebecca is a specialist legal consultant in employment and tax status. She is an expert in IR35, off-payroll working and in the employment and tax status of the self-employed, personal service companies and the gig economy. In recent years she was seconded to the Office of Tax Simplification (an independent body of HM Treasury) as a Senior Policy Adviser to advise the government on employment and tax status. Reporting direct to the Chancellor, Rebecca was part of a small team of experts who drafted the Employment Status Review 2015, she then continued for several years to advise on the review of Small Company Taxation leading on the taxation of nano companies and the self-employed.
