Evans v Malley Organisation Ltd t/a First Business Support [2003] IRLR 156 CA

Reports relating to this case:

  • Holiday pay: Holiday pay calculation based on basic pay without commission

    Date:
    9 May 2003

    In Evans v Malley Organisation Ltd t/a First Business Support the Court of Appeal holds that an employee who was paid a basic salary, plus commission which depended on contracts he won for his employer, was entitled, on termination of his employment, to accrued statutory holiday pay calculated by reference to his basic pay alone, and not his average pay including commission.