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
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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