Government launches consultation on holiday entitlement following Harpur Trust v Brazel
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The government has launched a consultation on calculating holiday entitlement for part-year and irregular hours workers as a result of the Supreme Court's decision last year in Harpur Trust v Brazel.
The Court held in Harpur Trust that holiday entitlement under the Working Time Regulations 1998 for permanent part-year workers should not be pro-rated so that it is proportionate to that of a full-time worker. As a result of this part-year workers are entitled to a larger annual paid holiday entitlement than part-time workers who work the same total number of hours across the year.
The government proposes introducing a holiday entitlement reference period of 52 weeks to ensure that holiday entitlement and pay is directly proportionate to time spent working. It proposes to include the weeks in which workers perform no work in the holiday entitlement reference period. The consultation closes on 9 March.
We'd love to feed your views on the proposals into the consultation response so please do take a few minutes to complete our survey.