The recent Bear Scotland case on holiday pay only dealt with overtime that an employee is obliged to do. The Northern Ireland Court of Appeal (whose decisions are taken into account in the rest of the UK) has now decided that there is no reason why voluntary overtime should not also be included in statutory holiday pay for the purposes of the Working Time Regulations. It will be a question of fact for each tribunal to determine whether or not overtime is “normally” carried out and whether overtime pay can properly be described as forming part of “normal remuneration” . If voluntary overtime meets those tests it may need to be included in statutory holiday pay calculations.
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