Annual Leave – The 12.07% Method

Webinar • Annual Leave


This webinar hosted by David Ashley & Rachel Harkin, Head of ILG Support, explains the impact of the Harpur Trust vs Brazel case.

    What You’ll Learn

    • How should annual leave be calculated?
    • When is it still ok to use the 12.07% method?
    • What are the risks of getting it wrong?

    If your organisation would like a follow up or a deeper dive into how this effects you, your team and the people you support please enquire via email to

      UPDATE – January 2023 

      Since this webinar took place in December ‘22, the government have launched a consultation which includes a revised approach to calculating A/L for permanent employees working irregular hours.   This has the potential (if implemented) to minimise the impact of the Harpur Trust judgement.

      Crucially, the consultation includes a proposal to introduce a holiday entitlement reference period limited to the most recent 52 weeks, including any weeks without work.

      Here is a link should you wish to submit your thoughts before the 9th March deadline –

      We will be monitoring the outcome closely and will strive to keep you all posted.

      Any questions in the meantime, please email –


      Annual Leave

      1 hrs 00min

      Updated: 03/02/2023

      Supporting Documents

      ILG Training

      The ILG Academy provide online and in person workshops for employers and professionals working in the sector. Our trainers have a unique combination of knowledge and expertise covering employment law in relation to Direct Payments, Personal Health Budgets and self-funders employing Personal Assistants.

      See below for a sample of the subjects we can cover.

      Annual Leave & the 12.07% Method

      As a follow up to the first ILG Support Webinar, this session offers a chance for you and your team to hear first-hand about the implications of the Harpur Trust v Brazel judgment and how it might apply to your day-to-day work.

      We look at the law around annual leave and consider the 12.07% method and its continued application.

      Introductions to Direct Payments

      This session is ideal for Direct Payment (DP) advice teams, DP finance teams, social workers or other practitioners working in the sector.  This workshop covers the legislative background to DP, the importance of DP support, PA employers’ obligations, PA statutory rights and what to do when things go wrong.

      Employment Status

      Understanding employment status can be a minefield and requires some knowledge of the tax and employment frameworks.  This session looks at what it means to engage the services of self-employed PAs as opposed to employing a PAs while exploring the different obligations and limiting factors of each model.

      Disciplinary Procedures & Dismissals

      This workshop examines the different types of dismissals from conduct and capability to redundancy and SOSR.  We will focus on supporting employers through a fair disciplinary process while highlighting any key risks to be aware of.   This session will specifically focus on redundancy procedures and examine the unique concerns often raised in relation to DP funding.


      What are the implications for employers and their PAs when a DP stops, and a care agency takes over?  What about the other way around? 

      This session examines TUPE from the point of view of DP recipients, funding bodies and support organisations to ensure PA rights and employer obligations are properly understood.

      Live In & Long-Term Shift Work

      Most DP advisors will have spent some time pondering the legalities of live in care and long-term shift work.  This session aims to summarise the key issues for employers and PAs while examining the legal frameworks provided by the NMW regs and Working Time Regulations (WTR).

      Sickness & Absence Management

      One of the most common reasons to contact ILG Support (our legal advice service for individual employers) is to manage staff sickness and absence management.  This session looks at some of the more common scenarios to equip delegates with the skills required to deal with issues promptly and fairly.

      The list of courses and topics we can cover is constantly evolving and we are happy to combine different topics to provide bespoke sessions as required.

      All sessions can be delivered virtually or in person and if you have any questions or requests for a bespoke session please click on the “Enquire Now” button below.

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