The Employment Appeal Tribunal (EAT) and the European courts have recently held that commission earnings must be taken into account in calculating holiday pay. 

This is good news for workers, as previously the interpretation of the Working Time Regulations was that only basic pay was payable during the holiday period.  

Other cases are now going through the courts to establish whether voluntary overtime should also be included in the calculation. Employees across a number of industries and professions may well have claims for back pay.