Summary
Our August update includes new case law on the calculation of holiday pay for part-time workers, a tricky case on whistleblowing, two cases on the balance between gender critical views and trans discrimination, a news roundup on strike-breaking/agency workers, employment status and proposals for a new data protection regime in the UK.
Paid holiday for part-time workers is not pro-rated
In September 2002 the claimant began working as a part-time music teacher at Bedford Girls School, a school managed and run by the Harpur Trust (the Trust). The claimant was employed on a permanent contract but was only required to work during school terms. She was paid for the hours she taught during term-time, and her hours varied from week-to-week depending on how many pupils needed lessons.
The claimant’s contract entitled her to 5.6 weeks’ annual leave. She was required to take her leave in three tranches, during the winter, spring and summer school holidays respectively. Her holiday pay for those periods of leave was calculated according to her average weekly pay in the 12 weeks preceding each school holiday, also known as the “calendar week” method under Regulation 16 of Working Time Regulations 1998 (WTR).
In September 2011, in line with ACAS guidance at the time, the school changed the way it calculated the claimant’s holiday pay. It stopped using the calendar week method. The school now (a) calculated the hours she had worked at the end of each term, (b) multiplied this...
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https://www.jdsupra.com/legalnews/uk-hr-two-minute-monthly-part-time-2328851/