The Harpur Trust v Brazel Posted In: Case Law
Decision NumberEWCA Civ 1402
Legal BodyEngland and Wales Court of Appeal (EWCA)
Type of Claim / JurisdictionWorking Time and Leave, Pay and Conditions of Employment
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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