On 10 June, the Employment Appeal Tribunal (EAT) ruled that overtime hours subject to normal remuneration and worked both voluntarily and regularly should be taken into account when calculating the holiday pay to which a worker is entitled. The court drew conclusions from a ruling passed by the Court of Justice of the European Union in December last year.
A complaint brought back in 2017 by a group of NHS employees working for an ambulance service is at the centre of this unprecedented decision. The staff in question called for overtime hours – those worked voluntarily as well as those worked involuntarily, due to a situation on the ground that prevents them from working their regular hours – to be taken into consideration when their holiday pay is calculated. A first employment tribunal ruling said that mandatory, or so-called non-guaranteed, o
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