Overtime pay
In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Supreme Court upheld the Court of Appeal's decision that police officers and civilian police support staff in Northern Ireland can recover holiday underpayments that stretch back as far as 1998.
In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Northern Ireland Court of Appeal refused to limit workers' historic claims for the unlawful exclusion of overtime from holiday pay calculations.
In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.
In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.
The Employment Appeal Tribunal (EAT) has held that entirely voluntary overtime should be included in normal remuneration for calculating holiday pay.
An employment tribunal has held that payments for purely voluntary overtime should be included in holiday pay.
The Northern Ireland Court of Appeal has held that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an "appropriately permanent feature" of the worker's remuneration.
In Bear Scotland Ltd and others v Fulton and others; Hertel (UK) Ltd v Woods and others; Amec Group Ltd v Law and others [2015] IRLR 15 EAT, the EAT held that payment in respect of overtime that the worker is obliged to work when it is available, but that is not guaranteed by the employer, constitutes part of the worker's normal remuneration and as such should be included in the computation of the worker's holiday pay.
Dinu Suntook, Cane Pickersgill and Poppy Fildes are all associates at Addleshaw Goddard. They round up the latest rulings.
Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.
Employment law cases: HR and legal information and guidance relating to overtime pay.