The Implications of Harpur Trust v Brazel for Schools and Academy Trusts

Harpur Trust v Brazel  Earlier this year, the Education and Skills Funding Agency (ESFA) released a guide that outlined the requirements for school and academy trusts to deal with complaints. The guide contained a case study based on the recent case of Harpur Trust v Brazel, which provides an interesting background to the issue and … Read more

Zero Hours or Contracts with No Guaranteed Hours of Work

Zero hour contracts

A zero hour contract  is just as it sounds, a contract with zero hours or to put it another way, a contract with no guaranteed hours of work. In other words workers are not guaranteed any hours of work whatsoever from an employer/agency. Zero hour contracts are widely used in many sectors including the public … Read more

A worker’s minimum holiday pay under EU law. Can it be reduced to reflect short-time working?

In the case of Hein v Albert Holzkamm GmbH  a construction worker in Germany working under a collective agreement. The collective agreement provided that holiday pay would be paid on the basis of a 13-week average calculation. This calculation of holiday pay was in accordance with the national law in Germany. After a 26-week lay-off, his holiday pay was calculated on the basis of this 13 week average, excluding overtime.

European Directive

Consequently, this meant that it was lower than his normal pay, in breach of Article 7(1) of Directive (EC) 2003/88. [note] Article 7(1), Annual leave
1. Member States shall take the measures necessary to ensure that every worker is entitled to paid annual leave of at least four weeks in accordance with the conditions for entitlement to, and granting of, such leave laid down by national legislation and/or practice.
2. The minimum period of paid annual leave may not be replaced by an allowance in lieu, except where the employment relationship is terminated.[/note]  This Directive relates to certain aspects of the organisation of working time of the EU Member States.

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