Interpretation of NHS collective agreement "Agenda for Change", - East of England Ambulance Service NHS Trust v Flowers [CA] 10.06.19 (Unreported)

Wed, 12 Jun 2019

The natural interpretation of cl.13.9 of the NHS collective agreement popularly known as "Agenda for Change", which concerned annual leave and general public holidays, was that overtime was part of normal remuneration for the purposes of calculating holiday pay. There was no distinction for holiday pay purposes between voluntary overtime and "non-guaranteed overtime" (occurring when an employee had to stay beyond the end of a shift to finish a part-completed service). The case of Dudley MBC v Willetts [2018] I.C.R. 31, [2017] 7 WLUK 780, [2017] C.L.Y. 805 was correctly decided.

Category: Employment »  Remuneration. Area(s) of law: Employment.
Source: [2019] EWCA Civ 947


This material is for information purposes only and does not constitute any form of advice or recommendation by us. You should not rely upon it in making any decisions or taking or refraining from taking any action. Please contact Brodies at if you would like us to advise you on any of the matters covered in this material.

Valid XHTML 1.0 Transitional  Valid CSS!

Free SSL Certificate