A part-year worker is a legal classification in UK employment law introduced by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018. It applies to workers who are not required to work the full 52 weeks of the year, such as those on fixed-term contracts or seasonal roles. Part-year workers are entitled to a minimum of 5.6 weeks of paid annual leave per year, but the accrual calculation differs from that of workers who work the full year.
Key Takeaways
- Part-year workers accrue statutory annual leave based on the weeks they actually work, not the full 52-week year
- The Supreme Court confirmed in Harpur Trust v Brazel [2022] that part-year workers must receive 5.6 weeks of leave, not a pro-rated amount
- Employers cannot pro-rate holiday for part-year workers based on a 12-week reference period; the 5.6-week entitlement is absolute
What Part-Year Worker Status Means for Employers
The Harpur Trust v Brazel decision had significant implications for employers using part-year workers. Before the ruling, many employers calculated holiday entitlement for part-year workers using the 12-week reference period method, which resulted in a lower entitlement than 5.6 weeks. The Supreme Court held that the Working Time Regulations provide a minimum of 5.6 weeks for all workers, and part-year workers must receive the full 5.6 weeks regardless of the number of weeks they work.
For example, a supply teacher who works 39 weeks per year is entitled to 5.6 weeks of paid annual leave (equivalent to 28 days based on a five-day week), even though they do not work the remaining 13 weeks. The employer cannot reduce this entitlement to reflect the weeks not worked.
This has financial implications for employers who rely on part-year workers, as the cost per week of employment is higher than initially calculated. The CIPD and ACAS recommend that employers review their holiday pay calculations for part-year workers to ensure compliance with the Harpur decision.
Part-Year Worker Rules by Region
| Country | Rule | Detail |
|---|---|---|
| UK | Working Time Regulations 1998 (as amended 2018) | Part-year workers receive 5.6 weeks statutory annual leave; pro-rating by reference period is not permitted per Harpur Trust v Brazel |
| AU | Fair Work Act 2009 (Cth) | No part-year worker classification; part-time employees accrue leave based on ordinary hours worked |
| US | FLSA and state laws | No statutory annual leave; part-year workers’ entitlements are set by employer policy and state law |
How Part-Year Worker Rules Work in Practice
A UK school employs supply teachers on zero-hours contracts. Before the Harpur decision, the school calculated holiday entitlement using a 12-week reference period, resulting in approximately 4.2 weeks of leave per year. After the Supreme Court ruling, the school recalculated and now provides 5.6 weeks of paid leave to each supply teacher.
One supply teacher, Sarah, works 30 weeks per year. Under the Harpur decision, she is entitled to 5.6 weeks of paid annual leave (28 days based on a five-day week). Her holiday pay is calculated at her average weekly pay over the previous 52 weeks, which includes weeks she did not work. The school’s payroll system now reflects the correct calculation, ensuring compliance and avoiding potential employment tribunal claims.
Common Mistakes with Part-Year Workers
- Applying the 12-week reference period calculation to part-year workers, which is no longer permitted after Harpur Trust v Brazel
- Providing part-year workers with less than 5.6 weeks of annual leave, even though they do not work the full year
- Not including part-year workers in holiday pay calculations, assuming they are not entitled to leave because of their irregular work pattern
- Confusing part-year workers with part-time workers, who have different accrual rules based on ordinary hours worked
- Failing to update payroll systems to reflect the correct entitlement after the Harpur decision
FAQ
What is a part-year worker?
A part-year worker is a worker in the UK who is not required to work the full 52 weeks of the year. This includes workers on fixed-term contracts, zero-hours contracts or seasonal roles. They are entitled to 5.6 weeks of statutory annual leave.
How is holiday calculated for part-year workers?
After the Harpur Trust v Brazel decision, part-year workers receive 5.6 weeks of statutory annual leave based on the weeks they actually work. Employers cannot pro-rate this using a 12-week reference period.
Does this apply to part-time workers?
No. Part-time workers accrue leave based on their ordinary hours of work, using a 12-week reference period. Part-year workers are a separate classification with different accrual rules.
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