The Harpur Trust v Brazel [2019]

Posted In: Case Law
  • Decision Number
    EWCA Civ 1402
  • Legal Body
    England and Wales Court of Appeal (EWCA)
  • Type of Claim / Jurisdiction
    Working Time, Pay
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

The Court of Appeal has confirmed the decision of the EAT in this case, which we reported on in March 2018, 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

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This article is correct at 07/08/2019

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