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Employment tribunal finds voluntary overtime should have been included in calculation of statutory holiday pay

An employment tribunal has held that voluntary overtime, and other payments associated with rotas worked voluntarily, should have been included in the calculation of statutory holiday pay.

The employment tribunal endorsed obiter comments made in Bear Scotland that, in the absence of agreement to the contrary, regulation 13 leave under the Working Time Regulations 1998 should be deemed to have been taken before regulation 13A (additional) leave.

Although only a tribunal decision, and so non-binding, it sheds light on the question on what constitutes "normal remuneration" for the purposes of holiday pay (Brettle v Dudley Metropolitan Borough Council ET/1300537/15).

This article was originally published on www.practicallaw.com on 25 August 2016 and is reproduced with the permission of Thomson Reuters.

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