Harpur Trust v Brazel

Harpur Trust v Brazel

The Working Time Regulations 1998, properly interpreted, entitle part-year workers under permanent contracts to 5.6 weeks' paid annual leave calculated using the average pay over the statutory reference period, without prorating for weeks not worked. This approach is compliant with EU law and reflects a deliberate...

Source-derived case information.

Parties
Appellant: Harpur Trust; Respondent: Brazel
Jurisdiction
England and Wales
Judgment Date
20 July 2022
Procedural Posture
Appeal / Supreme Court Judgment
Outcome
Appeal dismissed
Legal Topics
Holiday Pay, Part Year Workers, Statutory Leave Entitlement, Working Time Regulations, EU Law Compliance
Employment Law Labour Law Holiday Pay Part Year Workers Statutory Leave Entitlement Working Time Regulations EU Law Compliance

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Parties

Harpur Trust

Appellant

Brazel

Respondent

Procedural Posture

Appeal / Supreme Court Judgment

Legal Issues

  1. 1 Whether statutory annual leave entitlement for part-year workers under a permanent contract should be prorated to reflect weeks not worked
  2. 2 Whether the Working Time Regulations 1998 require leave entitlement to be calculated proportionally to time worked
  3. 3 Whether the domestic law is compliant with the EU Working Time Directive

Ratio Decidendi

The Working Time Regulations 1998, properly interpreted, entitle part-year workers under permanent contracts to 5.6 weeks' paid annual leave calculated using the average pay over the statutory reference period, without prorating for weeks not worked. This approach is compliant with EU law and reflects a deliberate policy choice by Parliament.

Court Disposition

Appeal dismissed

Orders

  • The appeal by Harpur Trust is dismissed.
  • The Court of Appeal's decision is affirmed.