Overtime pay

New and updated

• Type:

  FAQs

  When does overtime have to be included in holiday pay?

  Updated to reflect amendments to the Working Time Regulations 1998 confirming the elements of pay to be included when calculating holiday pay.  

• Type:

  Employment law cases

  Supreme Court rules on historic holiday pay claims

  In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Supreme Court upheld the Court of Appeal's decision that police officers and civilian police support staff in Northern Ireland can recover holiday underpayments that stretch back as far as 1998.

• Date:

  8 August 2019

  Type:

  Commentary and insights

  Holiday pay calculation and back payments

  Consultant editor Darren Newman looks at the latest rulings in a long line of holiday pay cases, including one with significant back-pay implications for Northern Ireland employers. He also explains why the issue of lengthy back-pay periods may not yet be completely resolved for employers in the rest of the UK.

• Type:

  Employment law cases

  Holiday pay: Northern Ireland Court of Appeal refuses to limit claims for overtime non-payments

  In Chief Constable of the Police Service of Northern Ireland and another v Agnew, the Northern Ireland Court of Appeal refused to limit workers' historic claims for the unlawful exclusion of overtime from holiday pay calculations.

• Type:

  Employment law cases

  Court of Appeal rules that voluntary overtime must be included in holiday pay

  In East of England Ambulance NHS Trust v Flowers and others, the Court of Appeal held that ambulance workers are contractually entitled to have voluntary overtime included in the calculation of their holiday pay and, under the Working Time Directive (2003/88/EC), to have it included where it is sufficiently regular and settled.

• Type:

  Policies and procedures

  Overtime and time off in lieu policy

  A model policy to set out to set out the organisation's position in relation to overtime, overtime pay and time off in lieu.

• Type:

  Employment law cases

  Holiday pay: Payment for voluntary overtime normally worked is part of "normal remuneration"

  In Dudley Metropolitan Borough Council v Willetts [2017] IRLR 870 EAT, the EAT held that payments for regularly worked voluntary overtime are part of a worker's "normal remuneration" for the purposes of calculating a week's pay in respect of a worker's holiday pay entitlement.

• Type:

  Employment law cases

  EAT rules that holiday pay should include entirely voluntary overtime

  The Employment Appeal Tribunal (EAT) has held that entirely voluntary overtime should be included in normal remuneration for calculating holiday pay.

• Type:

  FAQs

  Is overtime included when calculating hourly pay for the purposes of the gender pay gap reporting duty?

• Type:

  Employment law cases

  Holiday pay: employment tribunal includes purely voluntary overtime

  An employment tribunal has held that payments for purely voluntary overtime should be included in holiday pay.