22
Jul 2015
Voluntary Overtime Can Be Included in Calculating Holiday Pay
The Northern Ireland Court of Appeal has stated that, in principle, voluntary overtime can be included in calculating holiday pay. Although this case was decided in Northern Ireland, it could be persuasive throughout England and Wales.
The Court looked at voluntary overtime as being overtime that an employer is not obliged to offer to its employees and similarly, that is not obliged to be accepted by an employee.
The Northern Irish Court of Appeal confirmed in its Judgment that there is no reason why voluntary overtime should not be included as part of calculations in paid annual leave.
This case may have significant implications for employers in the UK and indeed, if appealed further to the Supreme Court in London, may in any event become binding on Courts and Tribunals in the UK, despite the fact that the case has its origins in Northern Ireland.
Chadwick Lawrence will therefore ensure that we keep you up to date with whether this is the case when future decisions are handed down.
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