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FCSA Forum 2023 | JMW | How to correctly calculate holiday entitlement

The video provides insights into the evolving landscape of holiday entitlement for part-year and irregular-hours workers in light of the Supreme Court’s Harper Trust decision. Simon Bloch, a partner at JMW Solicitors and legal assessor for the FCSA, discusses the proposed changes to the law and their implications for the contracting sector.

Bloch highlights the government’s consultation on calculating holiday entitlement for part-year and irregular-hours workers, emphasizing the need for a fair and consistent framework. He delves into the details of the proposed changes, such as introducing a 52-week reference period and a monthly reference period for new starters.

The talk also explores the impact of the Harper Trust decision on agency workers and addresses specific rules for calculating annual leave entitlement for different employment scenarios. Bloch acknowledges the challenges in determining the correct calculation methodology and invites collaboration to refine the process.

The video concludes with Bloch sharing updates on the consultation’s status and speculating on the timeline for implementation. Additionally, he touches upon proposed changes related to rolled-up or advanced holiday pay, shedding light on the legal considerations surrounding this practice. Overall, the discussion aims to guide viewers through the complexities of holiday entitlement legislation and foster a better understanding of the evolving legal landscape in the contracting sector.

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