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 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
The Employment Appeal Tribunal has held that where an employee chooses not to take statutory annual leave during sick leave, he or she can carry forward the untaken annual leave for up to 18 months from the end of the leave year in which the leave arises.
The Northern Ireland Court of Appeal has held that there is no reason in principle why voluntary overtime should not be included in holiday pay, if it is normally carried out and is an "appropriately permanent feature" of the worker's remuneration.
In Lock v British Gas Trading Ltd  IRLR 648 ECJ, the ECJ ruled that art.7 of the Working Time Directive requires that notional commission payments should be included in a worker's pay to compensate for commission that he was prevented from earning while on annual leave.
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