Top 10 HR questions August 2019: term-time holiday calculations

Some music teachers are only employed during school terms. Photo: Shutterstock

How should you calculate holiday pay for a term-time worker without regular hours?

A recent Court of Appeal decision, The Harpur Trust v Brazel, looked at this question and decided that an employer that had based it’s calculation on guidance from Acas on casual workers had underpaid holiday pay to a zero hours term-time worker.

New FAQs on holiday pay and the timing of annual leave for term-time workers feature in the top 10 FAQs for August.

Another popular question last month deals with suitable alternative employment for pregnant workers made redundant before they go on maternity leave. This is an area where the government has recently announced proposed changes.

The top 10 HR questions in August 2019:

1. How should an employer calculate a term-time worker’s paid holiday?

2. Where a redundancy will take effect before an employee goes on maternity leave are they entitled to be offered suitable alternative employment?

3. Where an employee resigns but does not work the required notice period, is the employer under any obligation to pay them for this period?

4. If a TUPE transfer results in redundancies, which employer is responsible for the redundancy process and payments?

5. Can an employer dismiss an employee for a one-off act of poor performance?

6. If an employer makes a job offer and the candidate accepts, can the employer change its mind and withdraw the job offer if nothing has yet been put in writing?

7. Does a term-time worker have to take all their annual leave during the school holidays?

8. Is there any right of appeal where an employer rejects an application for flexible working?

9. What is a settlement agreement?

10.When is it appropriate to suspend an employee who is suspected of misconduct?

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