LRD guides and handbook October 2024

Health and Safety Law 2024

• whether bonuses are included, which depends on the nature of the bonus. Where there is a contractual — as opposed to a statutory — right to have a particular pay component included in holiday pay, this must apply to the whole holiday entitlement, not just the minimum four weeks under the WTD (unless the contract says something different). For example, in East of England Ambulance Service NHS Trust v Flowers and others [2019] EWCA Civ 947, the Court of Appeal ruled that the NHS Agenda for Change collective agreement gave NHS workers a contractual right to have both voluntary overtime and shift overruns — where workers work on beyond the shift to deal with an emergency for example — included when calculating their holiday pay for their whole holiday entitlement.