Holiday Pay

In British Gas Trading Ltd v Lock and anor, the Court of Appeal has upheld the EAT’s decision that the Working Time Regulations 1998 can be interpreted compatibly with the EU Working Time Directive so as to include results-based commission payments in the calculation of holiday pay for the basic four weeks’ annual leave provided by Reg 13.


In terms of commissions and other bonuses, this was dealt with at the end of the judgment, rather unhelpfully. Basically, the Court confirmed that this decision should only apply to results based commission, not even all commission. Further it expressly stated that this judgment did not intend to answer those other types of bonuses/commissions.


Leave a Reply

Your email address will not be published. Required fields are marked *