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Supreme Court decision in Harpur v Brazel

06 September 2022 / Justine Riccomini
Issue: 4855 / Categories: Comment & Analysis
93156
Holiday pain

The decision in Harpur Trust v Brazel [2022] UKSC 21 was handed down on 20 July 2022 having been heard at the Supreme Court on 9 November 2021. The decision upholds that of the Court of Appeal from August 2019 and dismisses the appeal by the Harpur Trust.

The case concerns a music teacher (Mrs Brazel) who worked at Bedford School run by Harpur Trust. It discusses the issue of how to work out holiday pay when taking into account:

  • the part-time workers directive;
  • EU legislation in the shape of the working time directive which was legislated for in the UK under the banner of the Working Time Regulations SI 1998/1833 now classified as ‘retained EU law’ by European Union (Withdrawal) Act 2018 s 2; and
  • the definition of a week’s pay for the purposes of calculating holiday pay.

Sympathy has to...

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