In Lock and another v British Gas Trading Ltd (No.2)  IRLR 316 EAT, the EAT held that the domestic Working Time Regulations 1998 are capable of being interpreted in a manner consistent with the requirements of EU law, which include the requirement to factor results-based commission payments into the calculation of holiday pay.
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.
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.
A worked example setting out the notice requirements an employee must give to take ten days' leave where there is no contractual agreement regarding notice periods for holiday.
Three worked examples setting out the notice an employee must give to take varying lengths of annual leave, and the counter notice the employer must give to turn down the request.
HR and legal information and guidance relating to annual leave and holiday pay.