Harpur Trust v Brazel (Unison intervening)

Employment – Remuneration. The Employment Appeal Tribunal (the EAT) had held that the Working Time Regulations 1998, SI 1998/1833, made no provision for pro-rating of annual leave in circumstances where the respondent teacher did not have normal working hours within the meaning of the Employment Rights Act 1996. They simply required the straightforward exercise of identifying a week's pay in accordance with the provisions of ss 221-224 of that Act and multiplying that figure by 5.6. The Court of Appeal, Civil Division, having considered the relevant EU and domestic law, agreed with the EAT and dismissed the appeal by the Harpur Trust against the EAT's decision.

Category: