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.
In Federación de Servicios Privados del sindicato Comisiones Obreras v Tyco Integrated Security SL and another  IRLR 935 ECJ, the ECJ held that, for peripatetic workers who travel directly to customer addresses from home and who travel home directly from customer addresses at the end of the working day, the time spent travelling on those first and last journeys of the day is working time within the meaning of art.2 of the Working Time Directive.
On this week's XpertHR Weekly, we look the recent Employment Appeal Tribunal hearing, British Gas Trading Ltd v Lock and another on the calculation of holiday pay and other key cases likely to have a practical impact on HR in 2016.
A worked example setting out how to calculate a full-time worker's accrual of annual leave in the first year of employment, where the worker wishes to take holiday in the second month of employment.
In Patterson v Castlereagh Borough Council  IRLR 721 NICA, the Northern Ireland Court of Appeal held that a Northern Ireland industrial tribunal had erred in excluding voluntary overtime from the calculation of the claimant's outstanding holiday pay
A worked example setting out the notice requirements an employee must give to take five days' leave where there is no contractual agreement regarding notice periods for holiday.
HR and legal information and guidance relating to working time.