Holiday pay: Some clarity, but in whose favour?

摘要

You may recall that in previous issues we have reported on the case of Lock v British Gas Trading Ltd, which dealt with the issue of whether holiday pay should include commission. In October last year, the Court of Appeal upheld the Employment Appeal Tribunal's decision that the Working Time Regulations 1998 could be interpreted in accordance with the requirements of EU law to ensure that contractual results-based commission is taken into account for the purposes of calculating holiday pay, for four of the 5.6 weeks statutory entitlement.