24 January 2023

Government consult on rebalancing the outcome of Harpur Trust v Brazel

The Supreme Court’s decision in Harpur Trust v Brazel means that part-year workers are entitled to disproportionately more statutory annual leave than part-time workers.

To address this disparity, the Government propose to replace the 52 week reference period when weeks in which no pay is earned are ignored, with a 52 week reference period which includes weeks when no remuneration is earned, for part-year and irregular hours workers. The Government also propose to re-introduce the 12.07% multiplier to calculate holiday entitlement for those workers.

The consultation closes on 9 March 2023.

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