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

Posted In: Case Law
  • Case Reference
    UKEAT/0235/17/JOJ
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time and Leave, Pay and Conditions of Employment
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’

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This article is correct at 11/07/2018
Disclaimer:

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
Barrister

The main content of this article was provided by John Taggart BL. Contact telephone number is 07525 020288 or email jtaggart11@qub.ac.uk

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