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HOLIDAY PAY: Unlocking the commission payments puzzle

01 April 2016  

Helen Cookson and Anna Scott analyse the EAT’s decision in the long-running case of Lock v British Gas Trading

In February, the Employment Appeal Tribunal (EAT) handed down its much anticipated judgment in Lock v British Gas Trading Ltd [2016]. It confirmed that the Working Time Regulations 1998 (the regulations) can be interpreted in line with the Working Time Directive (the directive), which requires commission to be taken into account when calculating holiday pay. However, there is still much to be resolved, not least how to determine the issue of calculating reference periods, which will have to wait for another day. Nevertheless, this judgment is an important part of an increasingly complex jigsaw.

Additional Info

  • Case(s) Referenced:

    Bamsey v Albon Engineering and Manufacturing plc [2004] EWCA Civ 359

    Bear Scotland Ltd v Fulton and ors [2014] UKEATS/0047/13

    British Gas Trading Ltd v Lock and anor [2016] UKEAT/0189/15

    Duke v GEC Reliance [1987] UKHL 10C-539/12

    Lock v British Gas Trading Ltd [2012] OJ C 46/13

    C- 152/84 Marshall v Southampton and South West Hampshire Area Health Authority (Teaching) [1986] ECR 1986 00723

    C-155/10 Williams and ors v British Airways plc [2011] ECR 2011 I-08409

Last modified on 05 April 2016