The Court of Appeal has today ruled that sales-related commission should be included in statutory holiday pay, as in line with the EU’s Working Time Directive, upholding the EAT’s position in Lock v British Gas Trading Ltd. This judgment is not entirely unexpected and underlines the previous approaches to the law taken by both the ET and EAT (see our previous blogs below). Watch this space for further commentary on the Court of Appeal’s reasoning and its implications for employers. With the high probability of further appeal, this is unlikely to be the final word on this case.
For further background on the previous stages in this landmark case visit our blogs.
- Are Employers Facing A Holiday Pay Time Bomb? by Sean Saluja
- EAT Confirms That Commission Should Be Included When Calculating Holiday Pay, by Rachel McKay