Back in July last year we reported on the case of Flowers v East of England Ambulance Trust in the Employment Appeal Tribunal on the issue of whether to include voluntary overtime in someone’s pay when calculating holiday pay.

On a holiday pay claim to the Employment Tribunal, the ambulance crew argued that their voluntary overtime should count towards their ‘normal’ remuneration, and therefore be included in holiday pay.

The Case has returned after the Trust’s appeal to the Court of Appeal.

So, should voluntary overtime be taken into account when calculating holiday pay?

Yes – so long as it is something that is regular. it will then amount to normal remuneration and be part of the holiday pay calculations.

Various ambulance crew worked ‘voluntary’ overtime. It was entirely voluntary – they were free to choose whether or not to do it.

FREE first advice

Have you ever wanted to just ask an expert employment law solicitor if they can help you, without worrying about what it may cost to contact them?

Get in touch

We’d like to talk to you to see what we can do to help, so please either call us anytime for free on 08000 614 631, email us or use the form below.

Together we can work out what your next steps might confidence, at no cost and with no obligation.


* indicates required
McCabe and Co Solicitors will use the information you provide on this form to be in touch with you and to provide updates and marketing. Please let us know all the ways you would like to hear from us:
You can change your mind at any time by clicking the unsubscribe link in the footer of any email you receive from us, or by contacting us at We will treat your information with respect. For more information about our privacy practices please visit our website. By clicking below, you agree that we may process your information in accordance with these terms.
We use Mailchimp as our marketing platform. By clicking below to subscribe, you acknowledge that your information will be transferred to Mailchimp for processing. Learn more about Mailchimp's privacy practices here.