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

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.

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