Daniel Barnett presents...

Holiday pay:
the harpUr trust case

29th November 2022
2pm - 3.30pm


An explanation of Harpur Trust v Brazel: what EXACTLY did the Supreme Court say, and what does it mean for you?

This interactive discussion and Q&A session will answer all your questions about the implications of the Harpur Trust decision.

The session will last about 90 minutes and will be recorded.  All delegates will receive a Workbook and a copy of the recording.

Members of the HR Inner Circle are welcome to attend for free.  Students on the Virtual Employment Law Academy will be sent a copy of the recording after the event.

This live Zoom presentation is your ONLY* chance to hear Daniel Barnett's views on this landmark Supreme Court case.

Daniel will be joined by leading employment trainer Darren Newman during the second half of the session, to discuss the issues raised and take questions.


* Daniel has previously spoken on this subject to a select group of CEOs, HR Directors and Legal Counsel in a closed private session organised by People Group Services.

Here's What You'll Learn...

1. What the Harpur Trust v Brazel decision says

Why did Mrs Brazel think she could get more than 12.07% as her holiday pay?
Where did Harpur Trust go wrong?
Why 12.07% is no longer an acceptable way to calculate holiday pay for workers who don't work 'normal' hours?
How do you deal with weeks in which no remuneration is payable?
What part of the law on paid annual leave is 'absurd', according the Supreme Court?

2. Why most advisors are WRONG about these solutions, and why they DO NOT* work

Solution 1: treating affected employees as 'workers'
Solution 2: terminating contracts, then re-engaging the individuals as self-employed subcontracters
Solution 3: terminating contracts between assignments, to break continuity and reduce holiday entitlement

* these solutions do not work in the majority of cases.  Occasionally, they might (to be discussed on the webinar).

3. How big is the compensation bill? What employers might be liable for in group action claims.

Problem 1: Does a three month break in underpayments prevent claims going further back?
Problem 2: Is the two year backpay limit, introduced in the UK by the Deduction from Wages (Limitation) Regulations 2014, effective? Or will it be struck down as a breach of EU law?
Problem 3: If the two year backpay limit is unlawful, how far back can employees claim under the Working Time Regulations 1998?
Problem 4: Can backpay claims also be brought as breach of contract claims (and go back six years)?

£50+VAT TO ATTEND

Reduced rates for second and subsequent delegates

ACCESS TO EXCLUSIVE CONTENT

This webinar will only be run ONCE and will not be repeated.  The content is not available elsewhere.  If you cannot make the date, we suggest you register and then watch the recording.


LIFETIME ACCESS / RECORDING INCLUDED

The session will be recorded, so if you cannot make the live session, you'll be able to watch it at a time to suit you.


CONFIDENTIALITY GUARANTEED

We disable audience information, so nobody can see you are attending*.  This ensures discretion and privacy for all participants.

* your details become visible to others if you post a comment in the chat box or ask a question.


BONUS: Q&A SESSION

Straight after the lecture, we'll go into a Zoom Q&A session where Daniel and Darren will answer your questions about the implications of the Harpur Trust case.


Watch LIVE on 29 November 2022 via Zoom


About the Speakers...

DANIEL BARNETT

Daniel is an employment law barrister at Outer Temple Chambers in London.  Daniel is also a presenter on LBC Radio, the UK's largest commercial talk radio station, presenting the LBC Legal Hour weekly since 2010.

He is the author or co-author of eighteen books, including the leading title Handbook on Employment Law (currently in its 8th edition), two of which have been ranked as #1 on the Amazon  bestseller lists for HR books.

He has presented seminars for the House of Commons, the BBC, Oxford University, HSBC, Barclays Bank, Ocado, and dozens of other organisations in-house, and keynoted at national and international conferences.  In 2013, 2014, 2016 and 2019 he wrote and presented the Employment Law MasterClass national tour, speaking to thousands of employment lawyers and HR Professionals around the UK.  He produces the Employment Law Matters podcast, ranked #1 on the Apple Podcast Store for business podcasts in the UK.

DARREN NEWMAN

Darren is an experienced employment lawyer who spent many years representing both employers and employees in employment tribunals. He has a particular expertise in public sector employment and works closely with local government employers across the country, providing training and consultancy on key employment law issues affecting the sector. In recent years he has also acted as a consultant for the Government of Jersey helping them to develop their framework of employment law and introducing new laws on discrimination and family-related leave.

Darren writes extensively on employment law issues and has previously worked for IDS and LexisNexis. He is now a consultant editor for XpertHR, the leading online platform providing employment law information to the HR profession.

© Employment Law Services Limited 2022

NOTE: This webinar is for information only.  It is NOT legal advice and you must seek advice on your cirucmstances from a lawyer who is familiar with your circumstances.  If you are a professional advisor / lawyer, do you own research to check what is said on this webinar and do not rely on it.
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