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.

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