Brazel v The Harpur Trust

Employment – Part-time workers. The employee was a part-time music teacher, with a contractual right to 5.6 weeks holiday pay. Rather than calculating her holiday pay using the method in s 224 of the Employment Rights Act 1996, the employer calculated it on the basis of 12.07% of her total pay over a year. The employment tribunal (the tribunal), agreeing with the employer, held that the statutory scheme by which a week's pay was computed should, in the case of part-time workers, be read down, such that holiday payment should be capped at 12.07% of annualised hours. The Employment Appeal Tribunal, in allowing the employee's appeal, held that the overriding principle of the Part-time Workers Regulations 2000, SI 2000/1551, was that part-time workers were not to be treated less favourably than full-time workers and that there was no basis for the judicial amendment of the statutory scheme.

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