The Court of Appeal in the case of The Harper Trust v Brazel has said that employers should not use the ordinary rolled-up premium of 12.07% of annual pay to calculate holiday pay for workers who only work for part of the year and who do not have normal working hours. Such workers are instead entitled to have their statutory holiday pay entitlement calculated in accordance with the “week’s pay” provisions set out in the Working Time Regulations 1998. This is based on their average earnings over the 12-week period prior to taking leave. In practice, this will normally mean higher holiday pay payments are due.