Holiday Pay – Overtime Update

Overtime Update

In the last two years, we have provided numerous case law updates confirming that where employees are required to work overtime, the value of that overtime must be reflected in the calculation of an employee’s holiday pay.

In Flowers and Others -v- East of England Ambulance Trust the Employment Appeals Tribunal has confirmed that voluntary overtime can qualify as “normal remuneration” for the purposes of calculating holiday pay under the Working Time Directive.  Very occasional overtime may fall outside of the requirement to include in the calculation of holiday pay, but overtime worked over a sufficient period of time on a regular basis, should be taken into account in the calculation of holiday pay.

For more information on Employment Tribunals, please contact our Employment team on 01633 244233, info@hevans.com, or fill out the form below and we’ll get in touch ASAP.

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