Harpur Trust v Brazel

A part year worker on a permanent contract is entitled to 5.6 weeks' paid holiday a year, calculated by reference to average weekly pay, without pro rating for the weeks not worked.

Citation
[2022] UKSC 21
Court
Supreme Court
Year
2022
Subject
Employment Law
Topic
Whistleblowing, working time and pay

Facts

Mrs Brazel was a visiting music teacher at a school run by the Harpur Trust. She worked on a permanent contract, but only during school terms, and her hours varied. The trust calculated her holiday pay at 12.07 percent of her earnings, which was the method commonly used for casual workers, and which produced a lower figure than calculating it by reference to her average weekly pay over the preceding 12 weeks in which she was paid. She claimed that the method in the Working Time Regulations 1998 should be applied.

Legal principle

The Supreme Court held that Mrs Brazel was entitled to holiday pay calculated by the method in the Working Time Regulations, using her average weekly pay, without pro rating for the weeks she did not work. The court said that the regulations did not require pro rating for part year workers, and that the court could not read words into them to do so. The result was that part year workers could receive proportionately more holiday pay than full time workers, but this was a matter for Parliament. The government later changed the law for irregular hours and part year workers.

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