Update on voluntary overtime case: Supreme Court grants permission to appeal

Supreme Court grants permission to appeal in voluntary overtime case

Last week the Supreme Court gave the East of England Ambulance Service NHS Trust permission to appeal from the Court of Appeal’s ruling that voluntary overtime needed to be included in the calculation of holiday pay for its workers.

Last year the Court of Appeal ruled that pay for voluntary additional shifts needed to be taken into account, not only under the Working Time Directive, but also under the claimants’ standard NHS terms and conditions (known as “Agenda for Change”). Both aspects of this ruling will now be considered by the Supreme Court.

Its decision, which is not expected for at least several months, will be of interest to all NHS employers, as well as other employers who do not currently include voluntary overtime in their holiday pay calculations.

Mills & Reeve continue to represent the employers in this litigation.

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