Update to annual leave calculations

You may recall in February 2023 Oxfordshire County Council implemented the Supreme Court ruling which changed the way annual leave was calculated for part year, part-time workers. The ruling determined holiday pay for employees who only work part of the year, such as term-time workers, should get a full 5.6 weeks annual leave a year, rather than be paid pro rata to the number of weeks worked. We advised that this ruling was subject to a government consultation on Working Time Regulations which was due to end in March 2023 and could be amended.

The outcome of the consultation has been published and following this the government has introduced new regulations in this area, namely the (Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023), which came into effect for annual leave periods commencing on or after 1 April 2024. This means employees paid on grades 1-6 working fewer than 39 weeks with less than five years’ service, will have their leave entitlement recalculated and Oxfordshire County Council has agreed the change will be implemented from 1 September 2024 in maintained schools. For example, someone working 38 weeks per year, would currently be paid 43.6 weeks. From 1 September this will reduce to 43.5 weeks.