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
Parties
Appellant(s)
Harpur Trust
Respondent(s)
Lesley Brazel
Appeal
Justices
Lord Hodge, Lord Briggs, Lady Arden, Lord Burrows, Lady Rose
Hearing start date
9 November 2021
Hearing finish date
9 November 2021