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Government launches consultation following Harpur Trust v Brazel case

The Department for Business, Energy and Industrial Strategy (BEIS) has launched a new consultation to look at the calculation of holiday entitlement for part year and irregular hours workers.



This follows the 2022 ruling from the Supreme Court judgment in the Harpur Trust v Brazel case.


The result of this judgment has led to part year workers in some cases having a higher holiday entitlement than those on part time contracts.


The consultation is seeking views on a proposal to introduce a holiday entitlement reference period for part-year and irregular hours workers, to ensure that their holiday pay and entitlement is directly proportionate to the time they spend working.


This consultation will be looking at the entitlement in Great Britain (England, Scotland & Wales) only as employment law is devolved in Norther Ireland.



Comment


Holiday pay and entitlement has become a complex area as the result of a number of court cases which can be difficult for employers to follow and remain compliant with.


This consultation is welcome and will be a great starting point for reviewing the current situation.


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