Mark McAllister is Director of Employment Relations Services with the LRA and part-time lecturer in Law. He specialises in employment law, dispute prevention and strategic collaborative working in industrial and employment relations. Mark is the former Northern Ireland Convenor of the Chartered Institute of Arbitrators, and the Chair of the NI ICSA Governance Institute. He is an accredited mediator, a member of the Employment Lawyers’ Group and the Industrial Law Society and is a regular speaker on the employment law circuit and contributor to employment law publications.
The Dudley Metropolitan Borough Council v Willetts and Others UK EAT case is yet another holiday-pay, working-time-type case that could have huge ramifications.
Mark: Well, in the tail end of 2016 we saw the clear direction of travel for cases involving calculation of holiday pay. There's no doubt that contractually-guaranteed overtime is factored into holiday pay calculation. We knew through the raft of other cases in 2016 that contractually-non-guaranteed overtime that's regularly worked and regularly achieved has to be factored into holiday pay calculation.
The last domino to fall, really, and the one that we've been waiting on in 2017 was whether or not voluntary overtime that was regularly worked had to be calculated into holiday pay calculation. The
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