Government Consultation on Harpur Trust Judgment

By Gary Smith


In last year’s Supreme Court case of Harpur Trust v Brazel the Justices decided that part year workers are entitled to a larger holiday entitlement than part time workers who do the same number of hours across the whole year.

The Government has now issued a consultation paper to address the unfairness’s arising from that Judgment. The Government’s proposal is to replace the 52 week reference period when weeks in which no remuneration is earned are ignored, with a 52 week reference period which includes weeks with no remuneration.  In doing so they hope to ensure that holiday pay and entitlement received by workers is proportionate to the time they spend working.

The consultation closes on 9 March 2023 and the details are here.

There is no indication as to how soon they propose to respond to the consultation or when the legislation might be brought in (if indeed any is brought in).  It is though hopefully a positive step to resolving the issues raised by this case.

For more information and to find out how we can help you, please contact us on 0345 646 0406 or fill in our online enquiry form and a member of the team will be in touch.

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