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The Harpur Trust v Brazel [2019] EWCA Civ 1402

Even for part year workers, holiday pay must be calculated by reference to average remuneration over past working 12 weeks

In this case, the Court of Appeal has confirmed that an employer should not have capped holiday pay at 12.07% of annualised hours for a zero hour contract employee working term-time. Instead, it should have based it on average earnings over the 12 week period immediately before leave is taken, even though this may provide more favourable results for term-time workers when compared to full-timers.

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