The claimant in Patterson v Castlereagh Borough Council, who was employed by the Council full time as an assistant plant engineer, complained that his holiday pay did not take into account the voluntary overtime he worked.  The Northern Ireland Industrial Tribunal rejected the claim but the Court of Appeal (the equivalent of the EAT here) has apparently decided that voluntary overtime – overtime which the employer is not obliged to provide nor the employee to perform – should in principle be included in calculating employees' holiday pay if it is "normally carried out" by the worker.  According to a draft version of the judgment that is in circulation, the Court has sent the case back to the Industrial Tribunal to decide whether in this particular case the voluntary overtime was "an appropriately permanent feature of the remuneration" to be included. 

The Northern Ireland Court's decisions are not binding on UK courts and tribunals but nevertheless this is an indication that employers should now consider including voluntary overtime (as well as non-guaranteed overtime and commission – the subject of the Bear Scotland and Lock cases last year) in holiday pay calculations.