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Term Time Pay

Are term-time staff part-year workers?

Last reviewed 5 October 2026

Probably, if there are weeks each year when you're not required to work and not paid for. Government guidance suggests most term-time staff paid in 12 equal instalments are part-year workers, but no court has decided the point yet.

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 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:

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.

Frequently asked questions

What is a part-year worker?

Under the Working Time Regulations, a part-year worker is someone whose contract requires them to work only part of the year, with periods of at least a week in which they are not required to work and are not paid.

I'm paid every month. Can I still be a part-year worker?

Government guidance updated in April 2024 suggests you can. Being paid during a period is not the same as being paid for it. If your annual salary covers only your working weeks and holiday, the unpaid weeks may still count. This has not been tested in the courts.

Why does it matter?

For part-year workers the statutory minimum holiday is 12.07% of hours worked, about 4.71 weeks for a 39-week contract. If you are not a part-year worker, you are entitled to the full 5.6 weeks. Green Book holiday exceeds both, so it mainly matters for staff on statutory-minimum terms.

Do the part-year rules apply in Northern Ireland?

No. Northern Ireland did not adopt them, so the Brazel approach still applies there. This site does not cover Northern Ireland.

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