The Harpur Trust v Brazel [2022]

The claimant, a visiting music teacher on a permanent contract, worked during term time. She worked on average 32 weeks per year (which fluctuated based upon the number of children enrolled). The issue arose in relation to holiday entitlement. The respondent (appellant) Trust used ACAS Guidance and paid her one third of 12.07% of her overall earnings. The claimant argued that it was not lawful with the Working Time Regulations. Instead, she argued that she should receive the average weekly remuneration for the previous twelve weeks. 

Both the EAT and the Court of Appeal agreed with the claimant with Underhill LJ stating that the Working Time Regulations 1998 did not allow for