Casual workers and holiday accrual

As part of the holiday pay changes coming into force from 6th April 2020 with the expansion of the statutory holiday pay reference period extending from the current 12 week average to the new 52 paid weeks average, researching the different types of holiday calculations. Also reviewed a number of casual contracts in relation to my own children who are undertaking zero or low hours work whilst university studying.

Often the T&Cs are referencing holiday entitlement based on an accrual of 12.07%. However, The former ACAS and NI guidance which talked in terms of casual workers with irregular hours having an entitlement annually based on 12.07% of their hours worked over a year has been removed.

It’s replaced with information indicating that accrual may only occur in the first year of employment and not generally for casual workers.

Is this impacted by the ruling https://assets.publishing.service.gov.uk/media/5a9e8edae5274a7bd3416f7d/Mrs_L_Brazel_v_The_Harpur_Trust_UKEAT_0102_17_LA.pdf

Are employment contracts for casual workers which still reference 12.07% valid? Has the law changed? What is the guidance now for casual work arrangements after the first year of working?

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