The Royal Courts of Justice was the setting this week for the latest chapter in the holiday pay saga. We flag up the arguments before the Court of Appeal in the Lock case on the inclusion of commission and provide an overview on where employers stand on holiday pay calculations.
The Court of Appeal heard Lock and another v British Gas Trading Ltd, on commission in holiday pay, on 11 July. We round up where we are with holiday pay case law and flag up the key arguments that were discussed before the Court of Appeal in the Lock case.
British Gas Trading Ltd v Lock and another, the highly-publicised case regarding holiday pay, was heard by the Court of Appeal on 11 July.
The Court of Appeal has heard the appeal in the important holiday pay case British Gas Trading Ltd v Lock and another, in which it is considering the application to UK law of the European Court of Justice (ECJ) ruling that commission must be included in holiday pay calculations.
Workers have a statutory entitlement to 5.6 weeks' leave a year, during which they are entitled to be paid their normal pay. Recent case law developments have changed what may be regarded as "normal" and employers must now consider whether or not overtime and commission should be included in holiday pay.
Lock v British Gas Trading Ltd, the important case on the inclusion of commission in holiday pay, will be heard by the Court of Appeal in July.
Law firm Eversheds has said its appeal on behalf of British Gas against the Employment Appeal Tribunal (EAT) decision in British Gas Trading Ltd v Lock, on the inclusion of commission in holiday pay, will be heard on 11 July 2016.
David Malamatenios is a partner at Colman Coyle Solicitors. He rounds up the latest rulings.
Consultant editor Darren Newman explains why an appeal to the Court of Appeal in the commission and holiday pay case of British Gas Trading Ltd v Lock could be a defining point in the relationship between EU and UK law. He also explains why the Government's view is that the Working Time Regulations are capable of being interpreted to comply with the Working Time Directive's requirement that commission should be included in holiday pay calculations.
We discuss the recent Employment Appeal Tribunal decision in British Gas Trading v Lock and another and take a look at the reporting requirement on larger companies to provide modern slavery statements.
HR and legal information and guidance relating to commission payments.