The Supreme Court has granted the East of England Ambulance Service NHS Trust permission to appeal the Court of Appeal's ruling that regular voluntary overtime should be included in Working Time Directive holiday pay. The Supreme Court will also look at the second part of the Court of Appeal's ruling that the claimants had a contractual entitlement to have voluntary overtime taken into account for the purposes of calculating holiday pay in accordance with the NHS Terms and Conditions of Service Handbook.
At the moment where a worker has variable pay or variable hours of work holiday pay is calculated using an average of the pay they have received in the last 12 weeks they have worked. This reference period is increasing from 12 to 52 weeks.
The House of Commons Work and Pensions and Business, Energy and Industrial Strategy Committees (the Committees) made recommendations in November 2017 for addressing the issues raised in the Taylor Review. These included:
In King v. Sash Windows, the European Court of Justice (ECJ) has held that anyone deemed to have "worker" status is entitled to carry over paid annual holiday in circumstances where they have not had the opportunity to take it.