In 2024 the law changed how holiday is worked out for part-year workers. Whether you count as one decides your statutory minimum holiday: 12.07% of hours worked, or the full 5.6 weeks.
The legal definition
The Working Time Regulations say you’re a part-year worker in a leave year if your contract requires you to work only part of that year, and there are periods of at least a week within it that you’re not required to work and not paid for. Time off for sickness and statutory leave is ignored when applying this.
How this applies to term-time staff
For term-time staff paid hourly, only for the weeks they work, it’s clear: there are unpaid weeks, so you’re a part-year worker.
It’s less clear for staff on an annual salary paid in 12 equal instalments, because you receive money every month. The government’s guidance has changed:
- January 2024: the guidance suggested that staff paid throughout the year might not be part-year workers.
- April 2024: after objections, the guidance was updated. It now says a worker can be paid during a period without being paid for it, as long as they aren’t expected to work in it and the payment isn’t for that period.
So most salaried term-time staff are probably part-year workers. But the guidance isn’t law, and no court has decided the point.
Why it matters
| Part-year worker | Not a part-year worker | |
|---|---|---|
| Statutory minimum holiday | 12.07% of hours worked, up to 5.6 weeks | Full 5.6 weeks |
| 39-week contract | about 4.71 weeks | 5.6 weeks |
| Rolled-up holiday pay allowed? | Yes | No |
If you’re on Green Book terms, your holiday (about 5.65 weeks for a 39-week contract with under 5 years’ service) is above both minimums, so day to day it makes little difference. It matters most if your contract only gives the statutory minimum, which is common with contractors, or if you’re paid rolled-up holiday pay.
The holiday pay checker lets you switch between the two.
Harpur Trust v Brazel
In 2022 the Supreme Court decided in Harpur Trust v Brazel that a part-year worker on a permanent contract was entitled to the full 5.6 weeks’ holiday, not a pro-rated amount. The government then changed the law, for leave years starting on or after 1 April 2024, so that part-year workers build up holiday at 12.07% of hours worked instead.
If you’re not a part-year worker under the new definition, the Brazel approach still gives you the full 5.6 weeks.
What’s coming next
The School Support Staff Negotiating Body, set up under the Employment Rights Act 2025, will recommend minimum pay and terms for support staff in maintained schools and academies in England. Its first recommendations are expected in 2027/28 at the earliest. They could affect holiday terms. We’ll update our guides when they’re published.
Not sure?
Ask your employer how they classify you, and check with your union or ACAS if your holiday seems low.