Holiday Pay cases if you work overtime.

The Employment Appeal Tribunal (‘EAT’) have recently decided the appeal of a case .  You can read the judgement  at the following address:


The outcome is that the average of both shift overrun overtime (known as non-guaranteed overtime) and voluntary overtime should be included in the calculation of holiday pay. This is to be included in the calculation of all the holiday that you take due to the terms of your contract of employment.

However the Trust have submitted an appeal against the EAT’s judgment and therefore cases remain stayed whilst that appeal is dealt with. As soon as there is any further development with this case UNISON will update members.

If you work overtime you may be due increase pay while you are on annual leave. Please complete a Holiday pay case form, with copies of pay slips and send to UNISON Eastern Region.