It’s official – voluntary overtime should be included in holiday pay
The Employment Appeal Tribunal (EAT) has confirmed that voluntary overtime payments should be taken into account when calculating holiday pay if they are regular enough to constitute “normal pay”. In the first binding decision on this point, the EAT upheld the Employment Tribunal’s judgment in the case of Brettle and Others v Dudley Metropolitan Borough Council, which marked a further development in the evolution of case law surrounding the correct basis for calculating a worker’s entitlement to holiday pay.