Flowers and others v East of England Ambulance Trust [2018]
Decision Number: UKEAT/0235/17/JOJ Legal Body: Employment Appeal Tribunal (England & Wales)
Published on: 11/07/2018
Article Authors The main content of this article was provided by the following authors.
Background

This case is yet another decision concerning holiday pay and whether it should be calculated by reference to (i) non-guaranteed overtime; or (ii) voluntary overtime.

The EAT concluded that both as a matter of contract, under the NHS Terms and Conditions of Service, and under the Working Time Directive that voluntary overtime and non-guaranteed overtime should be taken into account when calculating holiday pay.

The EAT specifically approved the decision of Dudley Metropolitan Borough Council v Willetts [2018] ICR 31 in which it was held that the overarching principle is that ‘normal’ remuneration must be maintained in respect of the period of annual leave.

The EAT refused to accept the argument that because over-time was considered ‘voluntary’ that it

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Disclaimer The information in this article is provided as part of Legal Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article. This article is correct at 11/07/2018