A couple of first instance employment tribunal judgments have ruled that the calculation of statutory holiday pay (for the 4 weeks' EU-derived holiday) should include an element for voluntary overtime, voluntary standby and voluntary call out payments, provided that the work has been undertaken with sufficient regularity to have become part of the employee’s normal pay.
While the EAT has ruled that compulsory non-guaranteed overtime pay must be included, the issue of payment for voluntary overtime has so far only been considered at first instance in England (although these rulings are consistent with a decision of the Northern Irish Court of Appeal, reported here). The tribunal considered that overtime worked weekly or monthly over a number of years was sufficiently regular. (White v Dudley MC, Whitehead v EMH Housing)
