Commission being included in holiday pay – the issue rumbles on….!

The Employment Appeal Tribunal (EAT) have heard the case of British Gas Trading Ltd v Lock and another this week. This is following a recent European Court of Justice (ECJ) ruling that concluded that Mr Lock’s commission is directly linked to the work he carried out and so should be taken into account when calculating holiday pay.

The ECJ then directed the UK tribunals to apply this ruling to UK law through the EAT. It is expected the verdict will take 2-3 months to be publishd. At that point we will be able to give definitive advice to clients on this matter.