Consultation on the calculation of holiday entitlement for part-year and Irregular Hours Workers, could the 12.07% method be reintroduced?

Further to the Supreme Court’s Judgment in Harpur Trust v Brazel the Government has commenced a consultation process.


The Harpur Trust judgment in effect gave part-year workers (term-time, etc) a larger holiday entitlement than part-time workers who work the same total number of hours across a year.


The Government proposes to address this disparity by replacing the 52-week reference period where weeks not worked are ignored, with a 52-week reference period which includes weeks with no work undertaken. Such a proposal would ultimately lead to the reintroduction of the well-used (but now discontinued) 12.07% method.


The consultation closes on 9 March 2023 and the link below offers clients the opportunity to have their say and impact Government thoughts on this matter.