Leslie Brazel was employed by Harpur Trust in 2002 as a clarinet teacher who would visit schools, as and when required. She only worked term times, and her hours were changeable from week to week, classing her as an irregular worker. She had initially agreed to take holiday over three set periods each year, which was calculated by working out what she had earned the previous term. From 2011, Harpur Trust changed the calculation to the percentage method – calculating all holiday owed at 12.07% of her earnings. She made a claim against the Trust which resulted in appeal by them, which has subsequently led to this important decision from the Supreme Court.

The Judges involved have agreed that 12.07% is an unlawful way of calculating holiday pay, and all irregular hours, or part year workers must have their holiday calculated from a reference period of the previous year (52 weeks). Furthermore, they must always receive the full entitlement as set out in the Working Time Regulations and the Employment Rights Act.