enzh-CNzh-TWcsethigalvltplptrusk
The Court of Appeal - British Gas v Lock

The Court of Appeal - British Gas v Lock

The Court of Appeal has handed down its decision in British Gas v Lock.  This is a significant case on the calculation of holiday pay.

Mr Lock was a salesman on a basic salary with variable commission paid in arrears. Mr Lock's commission depended not on the time worked, but sales achieved. Mr Lock could not earn commission whilst on leave, and therefore would lose income by taking it.

He brought a claim for his 'lost' holiday pay after taking leave in December 2011 to January 2012. In 2014, the European Court of Justice held that, when calculating holiday pay, Member States must ensure that a worker taking leave is paid by reference to commission payments that the worker would have earned if at work. 

The issue for the Court of Appeal was whether the UK Working Time Regulations 1998 can be interpreted as including holiday pay in respect of commission.

Decision

When calculating holiday pay, workers are entitled to be paid an amount which reflects the commission they would have earned if not on holiday.  However the Court did not answer the question of how is this amount calculated.


Leave a comment

You are commenting as guest.

Telephone Enquiry Point

The Agency’s Enquiry Point is available to employers, employees, trade unions and others. Enquiry Point advisors provide information and advice on a wide range of employment matters. The Enquiry Point is also an important contact point for identifying circumstances, or clients, who would benefit from being referred to other Agency services.

The Enquiry Point provides clear, confidential, independent and impartial advice to assist the caller in resolving issues in the workplace.

While the advisors cannot provide a legal opinion they can help callers gain a better understanding of their rights and responsibilities as well as identifying possible options to help resolve their issues.

028 9032 1442

Monday - Friday 9.00am to 5.00pm

Contact Us

Please note that we cannot deal with employment-related enquiries by e-mail. To receive information or advice about an employment-related issue, please telephone our Helpline on Belfast 90 321442 where an officer will speak with you directly about your query. Please note that the Agency can arrange the services of an interpreter if required.

If you have an employment relations issue in Great Britain please contact the ACAS Helpline on 0300 123 1100 .

For all non-employment related queries or questions please fill in the box below.