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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