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The Government is consulting on changes to legislation following Supreme Court decision on holiday for term time workers (Harpur Trust case)

Following the Supreme Court’s judgement last year in Harpur Trust v Brazel, many of our clients have been grappling with how to change their contracts for term time workers to comply with the interpretation given in that case, meaning that term time workers receive more holiday than full time workers.

The Government has now issued a consultation paper to address the issues and ensure that holiday pay and entitlement received is proportionate to the time worked.  The 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.

The consultation seeks to understand any implications of the Harpur Trust judgement on difference sectors, including agency workers, and to ensure that any changes do not have adverse impacts on other parts of the legislation. 

The consultation closes on 9 March 2023.

Here’s a link to consultation paper: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1128348/holiday-entitlement-part-year-irregular-hour-workers-consultation.pdf

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