- Regular and predictable voluntary overtime pay to be included in holiday pay calculation (East of England Ambulance Service NHS Trust v Flowers)
- What are the practical implications of this judgment?
- What is the relevant background?
- Background law
- Background facts
- The decision of the employment tribunal
- The decision of the EAT
- What did the Court of Appeal decide?
- Case details
Employment analysis: Under the Working Time Directive 2003/88/EC payments in respect of voluntary overtime which are broadly regular and predictable should be included when employers calculate holiday pay and NHS employees whose terms of employment include paragraph 13.9 of the Agenda for Change NHS Terms and Conditions of Service also have a contractual entitlement to have voluntary overtime payments taken into account for that purpose, according to the Court of Appeal.
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