Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

CommissionCase lawHolidays and holiday pay

EAT hears Lock case on commission in holiday pay

by Stephen Simpson 10 Dec 2015
by Stephen Simpson 10 Dec 2015 Employers are looking for clarification on what constitutes holiday pay.
Employers are looking for clarification on what constitutes holiday pay.

The Employment Appeal Tribunal (EAT) heard the appeal in the important case British Gas Trading Ltd v Lock and another, on the inclusion of commission in holiday pay calculations, on Tuesday 8 and Wednesday 9 December.

Employment law cases on appeal

Keep track of key employment law cases on appeal

Mr Lock, a sales consultant with British Gas, claimed in an employment tribunal that he was owed money on the basis that his holiday pay did not reflect what he would have earned from commission.

On top of his basic pay, he is paid monthly commission, which fluctuates based on his sales.

The tribunal asked the European Court of Justice (ECJ) for clarification on the relationship between holiday pay and commission.

The ECJ concluded that Mr Lock’s commission is directly linked to the work he carries out, and so it is contrary to the Working Time Directive for his commission not to be taken into account when calculating holiday pay. The ECJ left it to the tribunal to apply its ruling to UK law.

Holiday pay and commission

Webinar: Holiday pay and commission – making sense of annual leave

Calculating holiday pay: commission can no longer be discounted

Calculate a worker’s holiday pay

The judge in the subsequent employment tribunal decision applied an extra subsection to the Working Time Regulations 1998 to make them comply with the Working Time Directive.

British Gas’s representatives stated during the hearing that it has around 1,000 potential claims from its workers waiting in the wings, pending the outcome of the appeal in this case.

Mr Justice Singh, sitting alone, said at the end of the two-day EAT hearing that he would circulate his draft judgment to the parties in the usual way. With employment cases of this complexity, it normally takes around three months for the judgment to be published.

More details of the main issues before the EAT; arguments put before the EAT by British Gas, Mr Lock, and the Government, which is intervening in the case; and what happens next are available on XpertHR.

Avatar
Stephen Simpson

Stephen Simpson is a principal employment law editor at XpertHR. His areas of responsibility include the policies and documents and law reports. After obtaining a law degree and training to be a solicitor, he moved into publishing, initially with Butterworths. He joined XpertHR in its early days in 2001.

previous post
Discrimination arising from disability: EAT decision makes claims easier
next post
Court of Appeal: disregarding disabled employee’s absence trigger was not reasonable adjustment

You may also like

School discriminated against Christian caretaker who tweeted against...

3 May 2022

Philosophical belief: barrister’s tribunal claim against Stonewall begins

26 Apr 2022

Government urged to make extra bank holiday permanent

26 Apr 2022

Bank holidays: six things employers need to know

20 Apr 2022

EAT hears David Mackereth’s appeal against trans pronouns...

29 Mar 2022

Trade union detriment: action short of dismissal is...

25 Mar 2022

Rail inspector with ‘shy bladder syndrome’ wins £90,000...

16 Mar 2022

Pimlico Plumbers holiday pay ruling: four steps for...

9 Mar 2022

Jewish worker dismissed following Passover absence wins £26k

7 Mar 2022

Top 10 HR questions February 2022: positive Covid...

2 Mar 2022
  • Strathclyde Business School expands its Degree Apprenticeship offer in England PROMOTED | The University of Strathclyde is expanding its programmes...Read more
  • The Search for Talent: Six Major Employer Pitfalls PROMOTED | The Great Resignation continues unabated...Read more
  • Navigating the widening “Skills Confidence Gap” in 2022, and beyond PROMOTED | Cornerstone OnDemand conducted a global study...Read more
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+