A case has recently been heard in the Northern Ireland Court of Appeal with regard to the correct way to calculate holiday pay.
This decision held that there is nothing in the working time regulations which prevents voluntary overtime from being taken into account when calculating holiday pay.
It is worth bearing in mind that this is a case from Northern Ireland and therefore not binding on the English and Welsh Courts at this time.
However, it suggests the route that the Courts and Tribunals may very well soon take in respect of holiday pay and voluntary overtime. It is worth watching this space.
We should bear in mind that there is a limit of two years upon backdated unlawful deduction from wages claims, or any claims issued after 1 July 2015 in respect of holiday pay.
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