Brazel v The Harpur Trust Posted In: Case Law
Case ReferenceUKEAT 0102_17_0603
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave, Pay and Conditions of Employment
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 Regulations 1998 and section 224 Employment Rights Act 1996, the respondent calculated it on the basis of
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