Following the Supreme Court’s judgment in the case of Harpur Trust v Brazel concerning holiday entitlement received by part-year and irregular hours workers, the Government have launched a consultation. The consultation seeks views on the Government’s proposals to introduce legislation to ensure holiday pay and entitlement is directly proportionate to the amount of time worked. This will have broad implications on the legal position and how entitlement and pay is calculated and managed in practice.

The judgment in Harpur Trust v Brazel confirmed that “part-year” workers are entitled to the same holiday entitlement as workers who work all year (5.6 weeks). The judgment also confirmed that employers should not apply a percentage of pay (e.g. 12.07%) when calculating holiday entitlement/pay. Further analysis of the Harpur Trust v Brazel judgment can be read here.

The consultation closes on 9 March 2023. Responses to the consultation can be made online or via email to: holidayentitlementconsultation@beis.gov.uk.

If you have specific comments on the consultation but do not want to submit a full response yourself, we will be gathering feedback and submitting a response so please do reach out to your usual contact or one of the team, below. Similarly, please do let us know if you would be interested in discussing holiday pay more broadly, beyond this consultation.

Kathryn Dooks - 020 7303 2894

Helen Kaye - 0113 292 1316

Chris Robson - 0121 695 5958

Amy Douthwaite - 020 7303 3486

Samantha Mannall - 020 7007 0287

Ben Baldwin - 0113 292 1447

Harry Martin - 020 7007 5736

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