The Court of Appeal is to consider how holiday pay should be calculated in July this year.
An appeal in the case of Lock v British Gas has been scheduled to be heard on 11 July, much sooner than originally expected. The key question for the appeal court will be whether the Working Time Regulations 1998 must be interpreted in a way that conforms to EU law, which requires employers to take into account results-based commission when calculating holiday pay. The outcome could affect claims that involve payments other than commission, including overtime.
A decision can be expected by the Autumn. In the meantime, thousands of claims against other employers are likely to be stayed until the outcome is known.