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.
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
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