Holiday entitlement for term-time and part-year staff, where the answer depends on when your leave year started.
The law changed on 1 April 2024. Before that, a part-year worker on a permanent contract got the full 5.6 weeks whatever proportion of the year they worked. After it, leave accrues at 12.07% of hours instead — usually a smaller figure.
The short version
- Two methods
- Which applies depends on whether your leave year began before or after 1 April 2024.
- Before that date
- The full 5.6 weeks, with no reduction for weeks not worked. That is Harpur Trust v Brazel.
- From that date
- 12.07% of the hours actually worked, which is the 2023 Regulations reversing Brazel.
- Who this covers
- Part-year workers on a permanent contract — term-time staff, invigilators, seasonal workers kept on year round.
- Past years
- A year before April 2024 paid on the 12.07% basis may have been underpaid.
Common questions
How much holiday do term-time staff get?
It depends on when your leave year began. For years starting on or after 1 April 2024 it is 12.07% of the hours you actually worked. For years starting before that, it is the full 5.6 weeks with no reduction for the weeks you did not work, following Harpur Trust v Brazel.
What did Harpur Trust v Brazel decide?
The Supreme Court held in 2022 that a part-year worker on a permanent contract is entitled to 5.6 weeks of paid leave regardless of how much of the year they worked, and that pro-rating by weeks worked was unlawful. It affected term-time staff, invigilators and seasonal workers across the country.
Why did the law change back?
The Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023 reinstated proportionate accrual for irregular hours and part-year workers, from leave years beginning on or after 1 April 2024. Brazel still describes the law for earlier years.
Was I underpaid before April 2024?
Possibly, if you were a part-year worker on a permanent contract and were paid on a pro-rated or 12.07% basis for a leave year that began before that date. A claim for unlawful deduction from wages must normally be brought within three months of the last underpayment.
Does this apply if I am only employed during term?
No. Brazel and the 2024 rules are about people kept on a permanent contract across the whole year. Someone engaged only for the term itself is treated as a worker for that period and accrues leave over it in the ordinary way.
Can my employer pay holiday as a percentage on each payslip?
For irregular hours and part-year workers, yes, from April 2024, at 12.07% of pay for hours worked. It has to be shown separately on the payslip. Rolled-up holiday pay remains unlawful for everyone else.
What the terms mean
- Part-year worker
- Someone on a permanent contract who works only part of the year but stays employed throughout, such as term-time school staff.
- Harpur Trust v Brazel
- The 2022 Supreme Court decision holding that part-year workers on permanent contracts are entitled to the full 5.6 weeks, without pro-rating.
- 12.07%
- 5.6 weeks divided by the 46.4 working weeks that remain once leave is taken out. The accrual rate for irregular hours and part-year workers from April 2024.
- Leave year
- The twelve months entitlement is measured over. Which method applies turns on when yours began, not on the date today.
- Rolled-up holiday pay
- Paying holiday as an uplift on each payslip rather than when leave is taken. Lawful again for these workers from April 2024, at 12.07%.
Guides on this subject
-
Holiday entitlement for irregular hours and part-year workers
If your hours are wholly or mostly variable, holiday accrues at 12.07% of hours worked. How the method works and…
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How much holiday am I entitled to? UK statutory annual leave explained
Almost every UK worker gets 5.6 weeks of paid holiday, capped at 28 days. How it works part-time, and the…
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