Holiday Pay – Again
The local employment tribunal in Leicester has confirmed in Lock v British Gas what everybody expected following the ECJ decision in the same case last year, namely that a worker with normal working hours whose remuneration includes commission or a similar payment shall be deemed to have remuneration which varies with the amount of work done for the purposes of the legislation and so must be now be remunerated for commission as well as basic salary whilst on holiday.
This emphasises the direction of travel in holiday pay claims and follows closely after Bear Scotland Ltd v Fulton which concluded that the Regulations were also capable of being interpreted so as to require non-guaranteed overtime to be included in the calculation of holiday pay. Accordingly, it is now even more clear that employees and workers should get normal pay for holidays. However, as with all cases based on the Directive, these calculations only apply to the minimum 4 week entitlement, not the additional 1.6 weeks leave.