We are contacting members because there are ongoing concerns that some staff employed by the London Ambulance Service may not be receiving the correct holiday pay when they take annual leave. This is the extra pay you should receive when on annual leave linked to regularly worked overtime, shift overruns, rest break payments, and similar enhancements which may not be paid correctly during periods of leave.
This pay element is as a result of the Flowers v East of England Ambulance Service NHS Trust case that was taken through an employment tribunal and later appeals by claimants supported by UNISON, their trade union. The Court of Appeal confirmed that, for NHS staff on Agenda for Change terms, holiday pay should reflect what staff would normally have received had they been at work, including regularly paid supplements and regular overtime where applicable. Government guidance and NHS framework documents also recognised that implementation across NHS organisations had been inconsistent.
If you regularly work overtime, have shift overruns, receive rest break payments, or receive other payments outside your basic hours, please check your payslips carefully when you take annual leave. In broad terms, your pay during leave should not fall below what you would normally receive if you were working, where those payments are regularly made and your payslip should show an additional pay element for months where annual leave is taken.
Please contact your local UNISON rep if you think you may have been underpaid. It would be helpful if you can provide:
- Your job title and department or station
- The dates of annual leave affected
- Copies of relevant payslips
- A short note explaining what payment you believe is missing
- Any pattern of regular overtime, shift overrun, rest break payments, or enhancements you usually receive
Once we have enough information from members, we can assess the scale of the problem, raise it collectively, and advise on next steps. If you know colleagues who may also be affected, please encourage them to review their payslips and get in touch.
This email is intended as a general update to members and not as individual legal advice. If you believe your pay has been affected by this issue, please contact us with details of your pay error and include “Holiday Pay Query” in the subject line.
Members should contact their local Senior Sector reps as follows:
- Marcus Davis and Carly Harris – South East
- Donna Reeves and Jason Clelland – South West
- Kev Brace and Vic Lichay – North West
- Mark Belkin and Julie Cunnane – North Central
- Nick McKenna and Dave Dipalma – North East
- Sam Billoo and Callum Gillies – EOC/IUC
In solidarity,
Eddie Brand
Branch Secretary
LAS UNISON Branch
