Government Consultation following the Harpur Trust Supreme Court Judgement – open until 9 March 2023

Following the Harpur trust case, part-year workers who are employed throughout the holiday year are now entitled to 5.6 weeks statutory leave, irrespective of the fact that they do not work for part of the year. This brings an end paid holiday being pro-rated for part-year workers.

The government has issued a consultation to address such issues arising from this judgement which will remain open until 9 March 2023.

This consultation proposes to change to the Working Time Regulations 1998 to address the redress the current disparity by replacing 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. They want to try and ensure that any entitlement received by workers is proportionate to the time they spend working.

Please click here to engage with the consultation.

Holiday pay entitlements for those with an irregular working pattern is a confusing area of law. If you have any concerns or queries, particularly in light of this decision, please contact our Employment team on 0161 832 3434.