The Court of Appeal has held that the Employment Appeal Tribunal (EAT) was correct to uphold an employment tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.
The European Court of Justice (ECJ) reiterated that if sickness prevents a worker from taking annual leave, his or her annual leave can be carried forward into the next holiday year. Bethan Odey summarises the case.
The Employment Appeal Tribunal (EAT) has refused to interfere with the tribunal decision that the Working Time Regulations 1998 can be interpreted to require employers to include a worker's commission in the calculation of his or her holiday pay.