Calculator / April 2024 Reform

April 2024 Holiday Pay Reform: What Changed and Who It Affects

The Working Time (Amendment) Regulations 2023 came into force on 1 April 2024. Three things changed: irregular-hours workers moved back to 12.07% accrual, rolled-up holiday pay was re-legalised, and the practical effect of Harpur Trust v Brazel was overturned by Parliament.

Updated 18 May 2026

In one paragraph

For leave years starting on or after 1 April 2024, irregular-hours and part-year workers (zero-hours, casuals, term-time-only staff) accrue paid holiday at 12.07% of the hours they actually work. Rolled-up holiday pay is legal again for these workers only. The Supreme Court's Harpur Trust v Brazel ruling, which had required these workers to receive 5.6 weeks based on averaged earnings, has been overridden by Parliament for the future. The change does not affect workers with regular fixed hours.

What changed, in three parts

1. Irregular-hours workers: 12.07% accrual restored

Before April 2024 (post-Harpur Trust): irregular-hours and part-year workers were entitled to a flat 5.6 weeks' holiday calculated against their average earnings, regardless of how few weeks they actually worked. Term-time-only school staff could effectively earn more pro-rata holiday than equivalent full-year workers.

After April 2024: these workers accrue at 12.07% of hours worked in each pay period. The percentage comes from 5.6 / 46.4 (i.e. 5.6 weeks of holiday out of 46.4 working weeks per year). This is the same formula that applied before the 2022 Supreme Court judgement.

Example: a zero-hours worker logs 60 hours in May 2026. Accrued holiday = 60 × 0.1207 = 7.24 hours.

2. Rolled-up holiday pay legalised for irregular-hours workers

Rolled-up holiday pay means the employer adds 12.07%to the worker's hourly rate as a continuous holiday-pay supplement, rather than paying holiday pay separately when the worker takes leave. The worker still gets the same amount overall but the cash flows differently.

The European Court ruled this unlawful in 2006 because workers might not actually take holiday if they were paid for it continuously. The April 2024 reform legalised it again, but only for irregular-hours and part-year workers. Regular fixed-hours employees cannot have rolled-up holiday pay.

Three conditions for valid rolled-up holiday pay:

  • The 12.07% must be itemised separately on the payslip (not folded silently into the headline rate)
  • It must apply to the irregular-hours portion of work only
  • The worker must still be allowed to take their accrued holiday (i.e. unpaid time off)

3. Definition of “a week's pay” clarified

For workers with variable pay (overtime, commission, shift premiums, performance pay), the regulations now formally codify what must be included in holiday pay calculations. This was previously case-law-led (Bear Scotland 2014 on overtime, British Gas v Lock 2014 on commission). The 2024 reform consolidates these into the regulations:

  • Regular overtime that is “intrinsically linked” to the contract
  • Commission that would normally have been earned
  • Payments for professional or personal status (long-service bonuses, etc)
  • Other payments that have been paid regularly in the previous 52 weeks

The reference period for averaging variable pay is 52 weeks (can extend to 104 if there are weeks of no work to skip).

Who is “irregular-hours” or “part-year”?

The new 12.07% rules apply to two specific categories defined in the 2023 Amendment Regulations:

Irregular-hours worker

A worker whose paid hours under their contract are “wholly or mostly variable in each pay period”. The classic example is a zero-hours contract worker. Casual workers and most agency workers also fall here.

Part-year worker

A worker whose contract requires them to work for only part of the year, with periods of at least a week where they are not required to work and are not paid. The classic example is term-time-only school staff (the subject of Harpur Trust v Brazel).

If a worker is NEITHER irregular-hours NOR part-year, the new rules don't apply. They continue to receive 5.6 weeks of paid holiday calculated as before, regardless of how few hours per week they work.

Pre- vs Post-reform comparison

AspectPre-April 2024 (Harpur Trust)Post-April 2024
Accrual method (irregular-hours)5.6 weeks of average pay12.07% of hours worked
Accrual method (part-year/term-time)5.6 weeks of average pay12.07% of hours worked
Rolled-up holiday payUnlawful (since 2006)Legal for irregular-hours / part-year only
Variable-pay reference period52 weeks (case law)52 weeks (now codified)
Regular fixed-hours worker5.6 weeks paid holiday5.6 weeks paid holiday (unchanged)

If you're affected

Sources and further reading

Last verified 2 May 2026 · Sourced from UK Working Time Regulations 1998 (with 2024 amendments) and ACAS guidance

Updated 2026-04-27