Irregular Hours Holiday Pay
Understanding holiday entitlement for part-year workers after the Harper v Brazel Supreme Court ruling.
What is irregular hours holiday pay?
Irregular hours holiday pay applies to workers who don't have predictable working patterns. This includes:
- Zero-hours contract workers — workers with no guaranteed hours
- Casual workers — workers called as needed without fixed contracts
- Part-year workers — employees who work only certain weeks but have continuing contracts (e.g., term-time workers)
Under the Working Time Regulations 1998, all workers are entitled to 5.6 weeks (28 days) of paid annual leave per year, regardless of their contract type.
The Harper v Brazel Case (2023)
September 2023: The Supreme Court ruled that part-year workers with permanent contracts are entitled to the full 5.6 weeks holiday, not a pro-rata amount.
Ms. Brazel was a music teacher employed on a permanent contract but only worked during school terms. Her employer calculated her holiday pay using the 12.07% method applied to her actual earnings, which effectively reduced her entitlement.
The Supreme Court ruled this was unlawful. Part-year workers with continuing contracts must receive the full 5.6 weeks paid leave, calculated using their average weekly earnings.
How to calculate holiday pay
For part-year workers after Harper v Brazel
Calculate based on average weekly earnings over the previous 52 weeks in which the worker was paid:
- Take total pay from the last 52 paid weeks
- Exclude weeks with no pay
- Divide by 52 to get weekly holiday pay rate
The 12.07% method (for casual workers)
The 12.07% method remains valid for workers without continuing contracts, such as casual workers called as needed:
Holiday pay = 12.07% of earnings in pay period
This derives from: 5.6 weeks ÷ 46.4 weeks = 12.07%
Do not use the 12.07% method for part-year workers with continuing contracts — this was specifically ruled unlawful in Harper v Brazel.
Example calculation
Term-time worker example:
- Contract: School terms only (38 weeks per year)
- Permanent contract: Yes
- Annual earnings: £15,000
Harper v Brazel method:
- Look at 52 paid weeks (not 38 working weeks)
- Average weekly pay = £15,000 ÷ 52 = £288.46
- Holiday entitlement = £288.46 × 5.6 weeks = £1,615.38
This is higher than a simple pro-rata calculation would give — which is why the ruling was so significant.
Use our calculator
Our calculator handles irregular hours and part-year workers automatically:
Frequently Asked Questions
What is the 12.07% method for holiday pay?
The 12.07% method is a calculation used for irregular hour workers. It's derived from the statutory minimum holiday entitlement of 5.6 weeks per year: (5.6 ÷ 46.4) × 100 = 12.07%. Holiday pay is simply 12.07% of all earnings in a pay period.
Who does the Harper v Brazel case affect?
The ruling affects part-year workers with permanent contracts who only work certain weeks of the year. This includes term-time teachers, seasonal workers with year-round contracts, and employees in sectors with annual business closures.
What is a part-year worker?
A part-year worker is someone who works only certain weeks of the year but has a contract that continues throughout the year. They are not the same as part-time workers who work fixed hours year-round.
How do I calculate holiday pay after Harper v Brazel?
For part-year workers with continuing contracts, calculate holiday pay based on average weekly earnings from the previous 52 weeks in which they were paid. Take total pay from the last 52 paid weeks and divide by 52.
Can employers still use the 12.07% method?
The 12.07% method can still be used for casual workers without continuing contracts. However, it cannot be used for part-year workers with permanent contracts — these must receive the full 5.6 weeks calculated using average earnings.