Landmark zero-hours case brought using legal expenses policy

A Court of Appeal judgement over holiday pay has been brought using a group legal expenses insurance policy. The original employment tribunal claim was first raised by music teacher Lesley Brazel in 2015, for unlawful deduction from her wages, and was supported by the Incorporated Society of Musicians (ISM).

Through her ISM membership, Brazel held a Group Legal Solutions policy with ARAG, which insures members against the cost of making an employment claim, among other legal ctions.

ARAG says the judgement may have a wider impact on the gig economy and zero-hours contracts generally, but is principally concerned with workers who are permanently employed but have no contractually specified fixed hours of work and who are not required to work every week of the holiday year, such as term-time workers within educational settings.

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