The Supreme Court has today (20 July) dismissed the appeal of the employer in the holiday pay case between music teacher Lesley Brazel and the Harpur Trust.
Backing the Incorporated Society of Musicians’ (ISM) interpretation of holiday pay law, the Court’s ruling will impact the holiday pay of all visiting music teachers in the UK, and thousands of other time-term-only workers.
Brazel initially approached the ISM for legal advice in 2013 and, as a member, has been supported by the in-house legal team since then.
The case
The case hinged on the fact that Brazel, like many other visiting music teachers, is not contracted to teach music lessons during school holidays, so the Harpur Trust worked out her holiday pay based on her term-time teaching hours.
The ISM argued that there is no legal basis for reducing annual holiday entitlement in this way, and that it should be calculated in the same way as for any other worker (taking a week’s pay and multiplying by 5.6).
Having progressed through grievance, Employment Tribunal, Employment Appeal Tribunal, the Court of Appeal and now the Supreme Court, this case has been described as a ‘landmark’ case throughout due to the impact of the outcome on thousands of workers.
'We need to overhaul regulation'
The Supreme Court concluded that, 'The amount of leave to which a part–year worker under a permanent contract is entitled is therefore not required to be, and under domestic law must not be, pro–rated to be proportional to that of a full–time worker.'
Rebecca Seeley Harris, employment tax specialist and former senior advisor to the Office of Tax Simplification, commented: 'Today’s outcome will have extraordinary repercussions for permanent, casual and zero-hour contract workers. Unless the government steps in very quickly to legislate, backdated holiday pay is now something workers in these situations are genuinely entitled to.'
She added that the decisions made today 'emphatically signal that the Working Time Regulations are out of touch with modern day employment standards'.
'This outcome is a massive deal for employment rights in this country. We need to take heed and overhaul regulation, and it must be done quickly.'
Lesley Brazel
Ramifications for thousands
Brazel said: ‘As an alumna of the school where I have now been teaching for over 20 years, pursuing a career I am passionate about, it has been personally challenging for me to see through this long and arduous case.
‘I am pleased to have secured my holiday pay rights, in accordance with the law and my contract of employment, in the highest court in the country. I hope that others can now benefit from this verdict.’
ISM chief executive Deborah Annetts said: ‘This is a landmark decision from the Supreme Court and is likely to have ramifications for thousands of workers. Many of those will be in low-paid and insecure jobs.
‘The ISM is extremely proud to have supported Mrs Brazel throughout this case, and we always do our utmost for our members. We hope that this verdict will mean that any other worker who has not received their proper holiday pay entitlement will now see it changed in line with this judgment.
‘Music teachers often go above and beyond for their students but all too often they are not treated in the way they deserve.’
Concerns over backdated holiday pay claims
While this outcome is positive for music teachers and other term-time only workers, there is concern that 'umbrella companies', who employ temporary workers, could now be hit with millions of pounds' worth of backdated holiday pay claims.
Some are calling for the introduction legislation that will protect both workers and employers alike.
A spokesperson for the Harpur Trust said, 'We accept the judgement of the Supreme Court. The ruling will have significant cost implications for a number of sectors, including state and independent schools, the care sector and higher education.
'We welcome the clarity that this judgement brings and will now focus on determining our next steps in ensuring that holiday pay is adjusted for those affected.'
