{"id":19905,"date":"2023-01-30T13:34:26","date_gmt":"2023-01-30T13:34:26","guid":{"rendered":"https:\/\/www.moorethompson.co.uk\/blogs\/?p=19905"},"modified":"2023-01-30T13:34:28","modified_gmt":"2023-01-30T13:34:28","slug":"consultation-on-holiday-entitlement-after-supreme-court-ruling","status":"publish","type":"post","link":"https:\/\/www.moorethompson.co.uk\/blogs\/consultation-on-holiday-entitlement-after-supreme-court-ruling\/","title":{"rendered":"Consultation on holiday entitlement after Supreme Court ruling"},"content":{"rendered":"\n
\"\"<\/figure>\n\n\n\n

The Government has launched a consultation on holiday entitlement this month, following the judgment of the Supreme Court in July 2022 in the case of the Harpur Trust v Brazel.<\/p>\n\n\n\n\n\n\n\n

An anomaly has occurred as a result of the judgment. Part-year workers are now entitled to a greater holiday entitlement than part-time members of staff who work the same number of hours over the course of the year. The consultation is focused on addressing this disparity.<\/p>\n\n\n\n

The Supreme Court case confirmed that holiday entitlement for permanent part-year workers on zero-hours contracts should not be pro-rata to that of a full-time worker.<\/p>\n\n\n\n

Proportionate pay<\/strong><\/p>\n\n\n\n

Launching the consultation, which runs until 9 March, the Government says it wants to tackle any disparity by ensuring that holiday pay and entitlement received by workers is proportionate to the time they are working.<\/p>\n\n\n\n

Part-year workers are entitled to 5.6 weeks of statutory annual leave calculated using a holiday entitlement reference period to determine their average weekly pay, ignoring any weeks in which they did not work.<\/p>\n\n\n\n

Changes to current legislation are likely to affect those in the education sector who commonly use term-time contracts.<\/p>\n\n\n\n

However, it could also pose new HR problems for employers with zero-hours, variable hours or agency staff.<\/p>\n\n\n\n

Teaching assistants<\/strong><\/p>\n\n\n\n

The Government estimates that between 320,000 and 500,000 permanent term-time and zero-hours contract workers will receive more holiday entitlement.<\/p>\n\n\n\n

Approximately 37 per cent of these are workers in the education sector, such as teaching assistants who are employed on part-year contracts.<\/p>\n\n\n\n

This case concerned the calculation of holiday pay and entitlement of a permanent part-year worker, in this case, a music school teacher. As part of a zero-hours part-year contract, she worked at a school on a regular basis and was only paid for the work she carried out.<\/p>\n\n\n\n

Government proposal<\/strong><\/p>\n\n\n\n

The Department for Business, Energy & Industrial Strategy (BEIS) proposes the introduction of a holiday entitlement reference period for part-year and irregular hours workers, to ensure that their holiday pay and entitlement are directly proportionate to the time they spend working.<\/p>\n\n\n\n

This will involve calculating hours worked in the previous 52 weeks and multiplying them by 12.07 per cent to find a part-year worker\u2019s annual statutory entitlement in hours.<\/p>\n\n\n\n

Need advice on holiday entitlement and legal employment matters? Contact us today.<\/strong><\/p>\n","protected":false},"excerpt":{"rendered":"

The Government has launched a consultation on holiday entitlement this month, following the judgment of the Supreme Court in July … Consultation on holiday entitlement after Supreme Court ruling<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"closed","ping_status":"closed","sticky":false,"template":"","format":"standard","meta":{"_acf_changed":false,"footnotes":""},"categories":[26,46,88,89],"tags":[],"class_list":["post-19905","post","type-post","status-publish","format-standard","hentry","category-blog","category-employees","category-employment","category-employment-and-payroll"],"acf":[],"_links":{"self":[{"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/posts\/19905","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/posts"}],"about":[{"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/types\/post"}],"author":[{"embeddable":true,"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/comments?post=19905"}],"version-history":[{"count":1,"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/posts\/19905\/revisions"}],"predecessor-version":[{"id":19907,"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/posts\/19905\/revisions\/19907"}],"wp:attachment":[{"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/media?parent=19905"}],"wp:term":[{"taxonomy":"category","embeddable":true,"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/categories?post=19905"},{"taxonomy":"post_tag","embeddable":true,"href":"https:\/\/www.moorethompson.co.uk\/blogs\/wp-json\/wp\/v2\/tags?post=19905"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}