In Dudley Metropolitan Borough Council v Willetts  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.
One in 10 workers did paid overtime in the UK in the past year but only a fifth received "time and half" or more for working those hours.
We discuss the legal implications for employers of the recent EAT decision in Dudley Council v Willets and others, which establishes that regular voluntary overtime is included in holiday pay calculations.
The Employment Appeal Tribunal (EAT) has held that entirely voluntary overtime should be included in normal remuneration for calculating holiday pay.
Payments for purely voluntary overtime should be included in holiday pay if they are regular enough to constitute "normal pay", the Employment Appeal Tribunal (EAT) has confirmed.
Here, we look at the findings from the XpertHR survey of benefits and allowances, presenting data on the availability of a number of benefits including long-service awards, childcare and travel benefits, location payments, volunteer days and various allowances.
An employment tribunal has held that ambulance workers' non-guaranteed overtime in respect of "shift overruns" should be included in the calculation of their holiday pay, but that on the facts of this case purely voluntary overtime does not have to be included.
XpertHR's latest research on Christmas and New Year working arrangements finds that employers will spend an average of £27,000 on celebrations during the 2016/2017 holiday period.
HR and legal information and guidance relating to premiums and allowances.