Holiday pay practices may create new contingent liabilities for many SMEs

BVWire–UKIssue #41-1
August 2, 2022

Business valuers working on future cash flows should take note of any casual and part-time employees after last week’s UK Supreme Court’s challenge to rolled-up holiday pay schemes. In Harper Trust v Brazel, the court confirmed that “part-year” workers are entitled to have their statutory leave and pay calculated in line with the relevant provisions in the Working Time Regulations 1998 (WTR) and not the prevailing practice of topping up wages by the 12.07% method.

These plans may be subject to group claims for additional compensation, though, in one analysis from lawyers at Squire Patton Boggs, the future compensation adjustments may be minimal.

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