British Gas Trading Ltd v Lock and anor [2016] UKEAT

Posted In: Case Law
  • Case Reference
    UKEAT 0189/15/BA
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Contracts of Employment, Working Time, Pay
Issues covered: Directive on Organisation of Working Time; calculation of Holiday Pay; Commission; Compatibility of Regulations

The EAT has delivered its judgement in the British Gas and Lock case.

Readers will be aware that this test case involved a salesperson who received a basic salary and results-based commission. He received commission whilst on holiday as part of payments earned before the holiday but, because he had no way of earning commission on holiday, he received lower pay upon his return. He argued he should have had this average regular commission included in his post-holiday pay - to do otherwise flew in the face of the reasoning in Bear Scotland & Others v Fulton & Others [2015] ICR 221 in relation to overtime payments and acted as a disincentive for Mr Lock to take holidays. Such

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This article is correct at 11/03/2016

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