Government consults on calculation of holiday entitlement after Supreme Court ruling

The Department for Business, Energy and Industrial Strategy (BEIS) has launched a consultation on the calculation of holiday entitlement received by part-year and irregular hours workers.

This follows the Supreme Court judgment in Harpur Trust v Brazel [2022] UKSC 21.

In the consultation BEIS proposes to introduce a holiday entitlement reference period for part-year and irregular hours workers, to ensure that their holiday pay and entitlement is directly proportionate to the time they spend working.

It said it also wants to understand how entitlement is currently calculated for agency workers and how the consultation proposal might be implemented.

The consultation, which runs until 9 March 2023, can be viewed here.