A court battle between an instrumental teacher and an independent school trust will be taken to the Supreme Court later this year, in a case that could potentially benefit hundreds of thousands of workers.
The Incorporated Society of Musicians (ISM), whose legal team has been supporting the case throughout, is collecting data from VMTs (visiting music teachers) and peris (peripatetic teachers) to help the court reach its decision.
Centred around a complaint about how part-time clarinet and saxophone teacher Lesley Brazel’s holiday pay is calculated, the case began with a formal internal grievance in 2013 against the Harpur Trust.
The outcome of the case could have an impact on workers who share the same conditions as Brazel - those who work term-time only, including VMTs and peris.
The ISM believes that these music teachers’ holiday pay should be calculated in the same way as for any other worker - by taking a week’s pay and multiplying it by 5.6. Currently, many schools work out holiday pay for visiting music teachers and peris on a pro-rata basis, in proportion to the number of weeks the teacher is contracted to work.
A pivotal question in the case is: Is it ‘unfair’ for a VMT or peri with a permanent contract requiring them to teach term-time only to have their holiday pay calculated based on the full year? The ISM hopes that the data collected in their survey will help the court answer this question.
Teachers completing the survey will need to answer questions focused on ‘unquantifiable tasks’ carried out by VMTs and peris, as well as their pay levels.
Writing in an ISM blog post on the case, ISM senior legal advisor Nerys Owen said: ‘A high point for the ISM was Mrs Brazel’s victory in the Court of Appeal in August 2019. This victory brought home to us how our continued support for this case could potentially benefit hundreds of thousands of workers, including music teachers working in a school setting.
‘The ISM salutes Mrs Brazel’s courage and determination in continuing with this case. We feel privileged to have been able to stand behind her.’
The survey closes on 9 July and can be completed here.
