Holiday pay and commission

BOOK YOUR FREE INITIAL CALL TODAY

Book your free initial call

    We endeavour to make an initial response to all enquiries within 24 hours but please be aware that on some occasions due to prior commitments or volume of calls we will not be able to respond in that time frame. We also operate a 72 hour return policy. This return policy means that if we have not responded with 72 hours of your initial enquiry we are unable to do so due to current workloads and we will destroy your data accordingly. This policy ensures you are not left waiting and have the certainty that your data is not compromised. In most instances however we are able to make contact within a 24 hour time frame. Please note our free initial advice service is available to clients at our total discretion and if your case is of a complex nature we may not be able to offer you a free consultation. However in these instances we will advise you what the charge would be for an initial fixed fee consultation.
  • (view our privacy statement)
  • This field is for validation purposes and should be left unchanged.

The Leicester Employment Tribunal has now delivered its long awaited decision in Lock v British Gas on holiday pay and commission. The Tribunal has found that Mr Lock’s holiday pay should include an element of commission. His commission was not based on time worked but was outcome based on sales achieved.

Whilst it is a first instance decision and not binding it is likely that other Tribunals will follow suit given that the ECJ decision last year led the way for the outcome. Employers should therefore review their own holiday pay calculations to ensure that workers who take holiday are not losing out on commission during that period like Mr Lock.

Written by
Edward Aston
22nd April 2015