Holiday Pay Rules
The case between Harpur Trust v. Brazel has been well reported in the news over the last few weeks. This case focuses on holiday pay for employees who work irregular working patterns.
A common approach used to be to take 12.07% of what the employee had earned over the year to work out the holiday pay. This calculation had previously been recommended by ACAS.
Following the decision of the Court of Appeal in this case it has been found that this method of calculating holiday pay should not be used.
Where weekly pay varies the employer should calculate holiday pay based on an employee’s average earnings over the previous 52 paid weeks. Any weeks an employee has not worked should be discounted from the calculation. An employer can go back for a maximum of 2 years (104 weeks) to obtain the relevant 52 weeks of pay detail.
The government website sets out how you calculate the holiday pay and further detail can be found at this link: https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics
This rule is likely to create an additional administrative burden for business owners but if good record keeping is in place it should be simple to work out the average weekly pay for the purpose of calculating holiday pay.
Menopause and the Workplace
The government have confirmed that they have do not plan to change the Equality Act 2010 to include Menopause as a new protected characteristic. Although this is the case, there are sill legal risks with failure to support employees at work who may be impacted by the menopause. It is also good practice to ensure those going through the menopause are treated fairly at work.
Employers should be aware of the challenges faced by women going through the menopause and how this may impact their work. A policy outlining the support available in the workplace for an employee suffering from menopausal symptoms would be a good starting point.
Managers should be aware of the symptoms of the menopause and how this can impact on work. They should be aware of the adjustments to that can be made at work to provide support and links to the flexible working policy.
There is lots of support available on-line and there are various charities offering support. Links are included below. If you would like assistance with drafting a specific policy on Menopause Support please get in touch.
https://www.menopausecafe.net
https://www.daisynetwork.org
https://www.nhsinform.scot/healthy-living/womens-health/later-years-around-50-years-and-over/menopause-and-post-menopause-health/menopause-and-the-workplace/
The case between Harpur Trust v. Brazel has been well reported in the news over the last few weeks. This case focuses on holiday pay for employees who work irregular working patterns.
A common approach used to be to take 12.07% of what the employee had earned over the year to work out the holiday pay. This calculation had previously been recommended by ACAS.
Following the decision of the Court of Appeal in this case it has been found that this method of calculating holiday pay should not be used.
Where weekly pay varies the employer should calculate holiday pay based on an employee’s average earnings over the previous 52 paid weeks. Any weeks an employee has not worked should be discounted from the calculation. An employer can go back for a maximum of 2 years (104 weeks) to obtain the relevant 52 weeks of pay detail.
The government website sets out how you calculate the holiday pay and further detail can be found at this link: https://www.gov.uk/holiday-entitlement-rights/holiday-pay-the-basics
This rule is likely to create an additional administrative burden for business owners but if good record keeping is in place it should be simple to work out the average weekly pay for the purpose of calculating holiday pay.
Menopause and the Workplace
The government have confirmed that they have do not plan to change the Equality Act 2010 to include Menopause as a new protected characteristic. Although this is the case, there are sill legal risks with failure to support employees at work who may be impacted by the menopause. It is also good practice to ensure those going through the menopause are treated fairly at work.
Employers should be aware of the challenges faced by women going through the menopause and how this may impact their work. A policy outlining the support available in the workplace for an employee suffering from menopausal symptoms would be a good starting point.
Managers should be aware of the symptoms of the menopause and how this can impact on work. They should be aware of the adjustments to that can be made at work to provide support and links to the flexible working policy.
There is lots of support available on-line and there are various charities offering support. Links are included below. If you would like assistance with drafting a specific policy on Menopause Support please get in touch.
https://www.menopausecafe.net
https://www.daisynetwork.org
https://www.nhsinform.scot/healthy-living/womens-health/later-years-around-50-years-and-over/menopause-and-post-menopause-health/menopause-and-the-workplace/
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