Claims for Unpaid holiday to hit Education sector

This month (November 2021) the Supreme Court hears the case of Harper Trust v Brazel.

This case will determine whether a worker’s right to paid annual leave accrues on a pro-rated basis according to their working time (in this case on the basis of working 32-35 weeks per year), or whether they should receive at least 5.6 weeks holiday as per the Working Time Regulations 1998.

The decision will particularly impact on the Education sector which employs staff on term time only and zero hours contracts.

Harpur Trust employed Mrs Brazel, a music teacher, on a zero hours contract. Her holiday pay was pro-rated as she worked fewer weeks per year than comparable full-time staff. Mrs Brazel brought a claim for unlawful deductions from wages, arguing that she should have been paid 5.6 weeks holiday per year.