Holiday Pay Update

In White & Others -v- Dudley Metropolitan Borough Council 2016 1300537/2015, an Employment Judge held that certain types of work undertaken on a voluntary basis, including voluntary overtime, voluntary standby and voluntary call out payments should be considered as part of normal earnings if undertaken sufficiently regularly and should be taken into account when calculating a worker’s holiday pay (to the extent of the 20 days guaranteed under the European Working Time Directive).  What is meant by “regular” is yet to be established.

This decision is not binding on other Tribunals, as it is only a first instance judgement, but it would become binding if it is appealed and upheld on appeal.