Voluntary overtime can, in principle, be included for the purposes of calculating holiday pay in Northern Ireland. That was the conclusion of the Northern Ireland Court of Appeal who delivered judgement in the Patterson v Castlereagh Borough Council (“Patterson”) case this morning (26 June).
What is the case about?
Mr Patterson is employed by Castlereagh Borough Council on two concurrent contracts, one as a relief/casual worker and the other a full time contract of employment as an Assistant Plant Engineer. He alleged unauthorised deduction from wages in relation to holiday pay, in respect of both his relief/casual work and overtime work conducted under the full time contract of employment. Part of the employer’s defence was that this overtime was not compulsory, but overtime that Mr Patterson had volunteered to perform. Mr Patterson is the lead claimant in a multiple claim pursued against the Council.