Flowers and others v East of England Ambulance Trust [2018]

Posted In: Case Law
  • Case Reference
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time, Pay
Issues covered: Working Time; Overtime; Holiday Pay

This case is yet another decision concerning holiday pay and whether it should be calculated by reference to (i) non-guaranteed overtime; or (ii) voluntary overtime.

The EAT concluded that both as a matter of contract, under the NHS Terms and Conditions of Service, and under the Working Time Directive that voluntary overtime and non-guaranteed overtime should be taken into account when calculating holiday pay.

The EAT specifically approved the decision of Dudley Metropolitan Borough Council v Willetts [2018] ICR 31 in which it was held that the overarching principle is that ‘normal’ remuneration must be maintained in respect of the period of annual leave.

The EAT refused to accept

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This article is correct at 11/07/2018

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

John Taggart BL

The main content of this article was provided by John Taggart BL.

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