Term-Time Only Holiday Pay
Term-time-only staff are part-year workers, and their holiday pay has been through more legal change than any other group. Here is the position after Harpur Trust v Brazel and the 2024 reforms — plus the calculators to check your own numbers.
Quick answer: term-time-only workers get 5.6 weeks of paid holiday, but since 1 April 2024 part-year workers can accrue it at 12.07% of hours worked, capped at 28 days. Their holiday pay is based on average earnings over 52 weeks — including regular overtime and allowances — not on a term-time-only salary alone.
Term-time / part-year accrual calculator
Holiday accrued this period
£152.08
10.86 hours of holiday accrued
What counts as a part-year worker
Since April 2024 a part-year worker is someone whose contract provides for paid work for part of the year only, with at least one week in the year where no work is performed and no pay is due. Typical examples:
- School support staff on term-time-only contracts
- Seasonal hospitality and tourism staff
- Exam markers and invigilators
- Agricultural and event workers
If you are paid an annualised salary spread across 12 months, you are usually treated as a regular worker instead — the label in your contract matters less than how the pay actually works.
Harpur Trust v Brazel, and what replaced it
| Period | Position for part-year workers |
|---|---|
| Before 2022 | 12.07% accrual was widely used |
| 2022 — Brazel (Supreme Court) | Full 5.6 weeks even if worked only part of the year; 12.07% arguably underpaid |
| From 1 April 2024 | 12.07% accrual formally permitted for irregular-hours and part-year workers, capped at 28 days; rolled-up holiday pay lawful |
The practical effect: a term-time worker who works 39 weeks a year accrues 12.07% of the hours they actually work, rather than a full-time equivalent's 28 days. That is lower than the post-Brazel position for some workers — which is precisely why the cap and the record-keeping duty from April 2026 matter.
How holiday pay is calculated for term-time staff
- Rate: average pay over the last 52 weeks you were paid, including regular overtime and allowances.
- Amount: 12.07% of hours worked, or a lawful pro rata of 5.6 weeks.
- Cap: 28 days in a leave year.
- On termination: any accrued and untaken holiday must be paid.
Frequently asked questions
Do term-time workers get paid holiday?
Yes — 5.6 weeks pro rata, accrued for part-year workers at 12.07% of hours worked since April 2024.
Is unpaid school-holiday time legal for term-time staff?
Yes, if your contract is genuinely term-time only and you still receive 5.6 weeks of paid holiday across the year, calculated correctly.
What is the 12.07% holiday accrual?
5.6 weeks of holiday divided by the 46.4 weeks actually worked in a year. For every hour worked you accrue 0.1207 hours of holiday.
Does rolled-up holiday pay apply to term-time workers?
Yes, since April 2024 rolled-up holiday pay is lawful for part-year workers, provided it is 12.07%, itemised on the payslip and you can still take leave.
Can my employer pay holiday pay only at the term-time hourly rate?
If you regularly work overtime or receive allowances, no — holiday pay must reflect normal remuneration averaged over 52 weeks.