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Case details

Harpur Trust (Appellants) v Brazel (Respondent)

Case ID: 2019/0209

Case summary

Issue

Whether a worker’s right to paid annual leave is accumulated according to the working pattern of the worker and/or is pro-rated.

Facts

The Respondent bears responsibility for the running of a school, while the Appellant was and remains a visiting music teacher. She is engaged on a zero-hours contract to work during term times and does not work full-time or for the whole year. She receives holiday period at three times during the school year.

In 2011, the Appellant altered the manner in which it calculated the amount of this holiday pay, with a result less favourable to the Respondent. The Respondent brought proceedings in 2015 before the Employment Tribunal, which decided against her on this issue, and then appealed to the Employment Appeals Tribunal, where she was successful.

Judgment appealed

[2019] EWCA Civ 1402

Parties

Appellant(s)

Harpur Trust

Respondent(s)

Lesley Brazel

Intervener

UNISON

Appeal

Justices

Lord Hodge, Lord Briggs, Lady Arden, Lord Burrows, Lady Rose

Hearing start date

9 November 2021

Hearing finish date

9 November 2021

Watch hearing
9 November 2021 Morning session Afternoon session
 

Future Judgment Update

Please note that appeal in the matter of Harpur Trust (Appellants) v Brazel (Respondent) has been heard by the Supreme Court and is currently awaiting judgment.

As soon as the judgment hand-down date is confirmed, it will be published on the Future judgments page of this website. As a very broad indication, judgments tend to follow between three to nine months after the conclusion of the appeal hearing, although in some cases it may be earlier than that. Information about judgment hand-downs is usually announced one week in advance. We are unable to give any indication of the likely hand-down date for judgments not listed on the Future judgments page.