Commission

New and updated

• Date:

  9 October 2016

  Type:

  Employment law cases

  Annual leave: holiday pay must include commission, confirms Court of Appeal

  The Court of Appeal has held that the Employment Appeal Tribunal (EAT) was correct to uphold an employment 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.

• Date:

  1 May 2016

  Type:

  Employment law cases

  Case round-up

  David Malamatenios is a partner at Colman Coyle Solicitors. He rounds up the latest rulings.

• Date:

  22 February 2016

  Type:

  Employment law cases

  Holiday pay: working time legislation can be interpreted to include commission, confirms EAT

  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.

• Date:

  26 March 2015

  Type:

  Employment law cases

  Holiday pay: tribunal adds wording into UK working time legislation to cover commission

  On its return from the European Court of Justice (ECJ), the employment tribunal in this important case has read an extra subsection into the Working Time Regulations 1998 (SI 1998/1833) to comply with the Working Time Directive (2003/88/EC).

• Date:

  22 May 2014

  Type:

  Employment law cases

  Holiday pay calculation must reflect commission worker would have received, says ECJ

  The European Court of Justice has held that a worker's commission payments must be included in the calculation of his or her holiday pay.

• Type:

  FAQs

  Must an employer pay commission to an employee on maternity leave where this was earned before they went on leave?

• Type:

  FAQs

  Where sales people are employed on a commission-only basis, is their employer obliged to pay the national minimum wage if their commission over a period falls below this?

• Type:

  Contract clauses

  Commission contract clause

  A model contract clause on payment of commission.

• Type:

  Contract clauses

  Commission, discounts and rebates from third parties contact clause

  A model contract clause on commission and discount rebates for sales people.

• Date:

  20 February 2004

  Type:

  Employment law cases

  Contracts of employment: Employee bound by onerous contractual term

  In Peninsula Business Services Ltd v Sweeney the EAT holds that a sales executive's contract of employment incorporated the rules governing the employer's commission scheme, which specified that no payments of commission would be made if the employee was no longer in the employment at the date the commission would have been payable. Those rules were clearly set out in a written document that was specifically referred to as forming part of the contract, and which had been signed by the employee.