Last year the Court of Appeal in British Gas Trading Ltd v Lock decided that contractual results-based commission must in be included in the calculation holiday pay. Now that the Supreme Court has refused to grant an appeal of this decision, the case will return to the employment tribunal to consider a number of outstanding issues, including quantum.

Unfortunately, this is not the end of the story as many issues, such as what elements of pay should be included and how holiday pay should be calculated, remain unclear. Clyde & Co's employment team are experts in holiday pay issues, so please do get in contact if you would like us to conduct a pay audit and give advice on what practical options are available to you.