Flowers v East of England Ambulance Trust is a recent English Court of Appeal case, concerning voluntary overtime and holiday pay and how this affects ambulance crews.

As you will, I suspect, continue to have ongoing holiday pay issues ‘in the field’ (both in the Ucatt -construction- sector and elsewhere) and as this Flowers decision was just issued, I thought this might be a useful time to summarise where the law in Scotland is currently at, with regard to calculation of holiday pay, mention 1-2 changes coming in soon, and highlight 1-2 areas of ongoing legal uncertainty in this area.

Here are some bullet points then to summarise:-

You can see therefore that many of the battles have gradually been won over the past 10-15 years, however it is unclear what regularity of payments (ie within the 12 week period immediately before the specific holiday) is needed for a payment to be classed as ‘normal’, It is also not clear what forms of bonus should form part of the holiday pay calculation.

Note also:-