UNISON recently secured a victory at the Court of Appeal affecting hundreds of thousands of employees working part-time and irregular hours or patterns.
Harpur Trust v Brazel & UNISON clarifies the legal position ensuring all workers are entitled to a minimum of 28 days paid annual leave, even if they do not get given work or paid for parts of the year. In addition, this leave must be paid at the rate of a normal week’s pay, or based on the average payment for the preceding 12 weeks if pay is irregular.
UNISON intervened in this appeal, which was being defended by music teacher Mrs Lesley Brazel and brought by Harpur Trust, her term-time employer. The trust claimed she was entitled to leave and pay below the statutory minimum.
The position of leave for hourly-paid workers in the education sector, who are not paid a salary during school holidays, has been unclear due to the absence of government guidance or definitive case law on their holiday rights.