The ET held that the Claimants' contractual terms and conditions entitled them to have their non-guaranteed overtime (typically extra work undertaken at the end of a shift when the employee is in the middle of carrying out a task which they must see through to the end) taken into account in the calculation of their holiday pay, but not their voluntary overtime. The Claimants appealed and the Respondent cross-appealed.

The EAT allowed the appeal and dismissed the cross-appeal following Dudley Metropolitan Borough Council v Willetts & Ors UKEAT/0334/16/JOJ.