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Holiday pay: pay for voluntary overtime normally worked must be included (Dudley MBC v Willetts and ors)

Holiday pay: pay for voluntary overtime normally worked must be included (Dudley MBC v Willetts and ors)
Published on: 01 August 2017
Published by: LexisPSL
  • Holiday pay: pay for voluntary overtime normally worked must be included (Dudley MBC v Willetts and ors)
  • Original news
  • What is the impact of this judgment?
  • What is the relevant background law?
  • What were the facts?
  • What did the employment tribunal decide?
  • What issues were raised on appeal?
  • What did the EAT decide?
  • Case details

Article summary

Employment analysis: Payment for voluntary overtime that is normally worked is within the scope of Article 7 of the Working Time Directive and therefore within the concept of ‘normal remuneration’ for the purposes of calculating holiday pay under regulation 13 of the Working Time Regulations 1998. The worker does not have to be contractually ‘required’ to carry out that work for it to be included, according to Simler P in the Employment Appeal Tribunal (EAT). or take a trial to read the full analysis.

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