The Lock case is back in the Employment Tribunal this week.
This time the Tribunal is considering whether UK legislation can be read purposively to give effect to the ruling of the CJEU in Lock, which held that regularly-paid commission must be retrospectively awarded during periods of annual leave (you can read our e-brief here). You will recall that in the case of Fulton v Bear Scotland, the EAT found that the UK legislation could be read purposively. Consequently, if a losing party in the Lock case were to appeal the Tribunal decision about purposive interpretation, it is possible that the decision would be fast-tracked to the Court of Appeal, leaving a further period of uncertainty (of up to a couple of years or more) concerning whether UK employers are required to include various supplemental payments at this point in time, or whether the trigger point for inclusion of such payments will occur at some point in the future by virtue of the government changing the law.
It is therefore at least possible that Lock could provide another seminal moment in this long-running period of uncertainty for employers and employees.