What You Need to Know About the Brazel Consultation

Here at Juniper Education, we do the hard work for you. We keep our customers abreast of the latest news in education and offer our expert opinions and advice on the topics that matter.  

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Juniper Education is made up largely of ex-education professionals, whose first-hand experience spans decades across both Primary and Secondary school education. As a result, we understand that teachers and supporting staff are vital to the success of any education organisation and therefore, when it comes to HR and workplace well-being, it’s important to get it right.

We also understand there is a lot of information ‘out there’, and that rules, regulations and legislative changes can be brought about quickly. Here at Juniper Education, we do the hard work for you. We keep our customers abreast of the latest news in education and offer our expert opinions and advice on the topics that matter.  

Therefore, as news broke last week on the latest Government consultation, dubbed, the ‘Brazel Consultation’; we wanted to summarise what this latest development could mean for our customers and how it might affect them in the future.

Firstly, let us explain what the Brazel Consultation is for those who may not know.  

Paving the Way for New HR Legislation in Schools

In July of 2022, following a seven-year court case which saw Mrs Brazel take Harpur Trust to an employment tribunal, following what was deemed to be unfair conditions surrounding her holiday pay, the Supreme Court confirmed that part-year workers, and workers on variable hours, should receive 5.6 weeks’ statutory holiday pay. This meant that any worker with a continuing contract throughout the year, but who can only work for certain periods, must have their holiday pay calculated in the same way as employees who work the full year, rather than pro-rated.

The Latest Development  

Last week, the Government issued a consultation on proposals to review the legislation around the calculation of holiday pay following the ‘Brazel case’.  The change the Government is proposing, is to amend the reference period from 52 weeks in which work was done, to 52 calendar weeks – so non-working weeks would now be counted.

It was not anticipated that the Government would act so quickly, or even at all on this issue, and whilst any change in the legislation may be welcome, there is no certainty at this point that the law will in fact change.  It is important to understand however that this is only a consultation, where the Government is seeking views on the impact of any changes it might make. The consultation will close on 9th March 2023 where the Government will then have to consider the responses and decide whether to seek to change legislation, and if so, what that new legislation will be. If a decision is made to proceed, the new ‘bill’ will need to be passed through Parliament and follow the correct processes which would likely take many months.  

How This Impacts Schools Now

In the meantime, the law stands as determined in the Brazel case. Anyone who is not receiving holiday pay in line with the Brazel judgement will be able to make a claim. It is anticipated that any claim made using Brazel ideology will almost certainly be successful, with back pay remunerations for up to 24 months.

With that said, even if new legislation is introduced, an individual is still entitled to make a claim for any period prior to any legislative changes.

Stay in the Know with Juniper Education

Is the recent Brazel Consultation being talked about in your school? Or perhaps there are other HR challenges you are currently facing?

Our integrated suite of HR software, services and support, teamed with our help and sector-specific experience, gives you the advice and help you need to over-come any HR challenge in education. Plus, with a dedicated HR consultant on hand, you can always call on an expert partner to guide the way forward.

A Problem Shared is a Problem Halved 

why not get in touch to talk to one of our team of experts to discuss the Brazel Consultation or other HR challenges you are currently facing in your school. We may be able to offer you a solution

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