Brazel v The Harpur Trust [2018]

  • Case Reference
    UKEAT 0102_17_0603
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Pay and Conditions of Employment
Issues covered: Computation of Holiday Pay; Part-Time/Term-Time Workers; Pro-rata Principle; Working Time Regulations 1998; Part-time Workers Regulations 2000; s. 224 Employment Rights Act 1996

In the case of Brazel v The Harpur Trust the Employment Appeal Tribunal ruled that part-time workers may receive proportionately greater holidays than their full-time counterparts.

The claimant, a visiting music teacher, was employed by the respondent on a zero-hours contract, under which her weekly hours fluctuated, and she was required to take annual leave during the school holidays.

The claimant’s contract of employment allowed for 5.6 weeks’ annual leave, mirroring her statutory entitlement. Instead of calculating the basis of her holiday pay by applying Regulation 16 Working Time

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This article is correct at 08/03/2018

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