Working Time: Holiday Consultation

The Government has launched a consultation in response to the Supreme Court's landmark judgment in Harpur Trust v Brazel [2022] UKSC 21, a summary of which can be found here.

As a reminder, this decision confirmed that part-year workers (such as term-time only employees) are entitled to receive the full statutory entitlement of 5.6 weeks' holiday. As a result of this decision, part-year workers are entitled to a larger paid annual holiday entitlement than part-time workers who work the same number of hours across the year.

With this new consultation, the Government intends to mitigate the implications of the Supreme Court's decision in Harpur Trust. The Government proposes to amend the Working Time Regulations 1998 (WTR) so that the statutory holiday entitlement for part-year workers reflects the number of hours they have actually worked.