Areas of Law / Employment

I regularly work a 42-hour week including three hours’ overtime. I am also paid £6 a week as a first aider. However my holiday pay recently was for the basic 39 hours: should the overtime and this extra payment be included in my holiday pay calculations?

As a result of recent court judgments all types of overtime, including voluntary, should be taken into account for the four weeks of annual leave required by the EU Working Time Directive. Most employers apply this to the extra 1.6 weeks’ holiday brought in under UK law. You could refuse to do the overtime if yours don’t. You should also be paid your first aider’s allowance unless there’s something in your contract to the contrary. Money incremental to your wage resulting from your additional skills should be included in your holiday pay packet.

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