Case Law

Updates coming soon

Landmark cases 

1. Time off and holiday pay 

The Harper Trust v Brazel (UNISON intervening) [2019] EWCA Civ 1402

The claimant is employed by The Harper Trust on a permanent employment contract as a “visiting music teacher”. She works variable hours during term time dependent on the number of pupils requiring tuition, and she delivers thirty minute sessions to each pupil per week. 

The Trust had been calculating her holiday pay in line with the approach recommended by ACAS in their guidance for calculating the pay for casual workers (12.07% of the hours worked over the holiday year). However, the claimant argued that she was being underpaid and should have received a higher amount calculated using the normal 12 week calculation set out in the Working Time Regulations 1998 (WTR).

The Court of Appeal held that the existing calculation method under the WTR is straight forward and should be followed where there is a permanent contract in place. It held the existence of a permanent contract is enough to fix a worker’s entitlement to 5.6 weeks’ holiday, to be calculated with reference to the preceding 12 weeks’ pay. 

British Gas Trading Ltd v Lock & Anor [2016] EWCA Civ 983

Employment Cases Update: British Gas Trading Ltd v Lock & Anor [2016] EWCA Civ 983

King v The Sash Windows Workshop Limited