White & Others v Dudley Metropolitan Borough Council [2016] 1300537/2015

Employees who regularly work voluntary overtime beyond their contracted hours might be eligible for holiday pay on that overtime,  The ruling in White & Others v Dudley MBC looks likely to add another level of confusion to the ongoing holiday pay debate.

The presiding judge ruled that voluntary overtime, voluntary standby and voluntary call-out payments should be considered “normal pay” when undertaken with “sufficient regularity”, which means they should be reflected when calculating a worker’s holiday pay.

It is thought to be one of the first cases in England where voluntary overtime has been found to be included in holiday pay calculations, and yet questions still lie unanswered around what can be deemed ‘sufficiently regular’.