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Employment Law

Legal guidance - compliance - software

11 JAN 2018

Dudley Metropolitan Borough Council v Willetts and others UKEAT/0334/16

Dudley Metropolitan Borough Council v Willetts and others UKEAT/0334/16
Employment Appeal Tribunal

Simler J

31 July 2017


The holiday pay that workers are entitled to during periods of annual leave is the remuneration they normally receive. This can include voluntary overtime if employees normally work it.


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In this case, a tribunal awarded holiday pay for Quick Response operatives (plumbers, electricians and others), on the basis that it included voluntary overtime. The employer appealed. The main ground of appeal was that payments to be taken into account in determining holiday pay should be intrinsically linked to the performance of their contractual duties. It cited extracts from the decisions in British Airways plc v Williams and others and Lock v British Gas Trading Ltd.

The EAT disagreed. The key question was whether pay for voluntary overtime was part of the workers’ normal remuneration. In any case, there was a link with the workers’ contracts: once they had agreed to work voluntary overtime, they were required to carry out the same tasks as those under their contracts of employment.

Judgment: Dudley Metropolitan Borough Council v Willetts and others [2017] UKEAT 0334.rtf