01 Mar 2017

Commission still locked into holiday pay

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The Supreme Court yesterday refused permission for British Gas to appeal against the decision of the Court of Appeal in Lock v British Gas Trading. We highlighted in our October alert that an appeal to the Supreme Court was likely. The refusal to grant permission to appeal means that the Court of Appeal decision stands and holiday pay must include a representative element of results-based commission for workers who receive regular commission payments as part of their normal remuneration.

The case will now be remitted back to an Employment Tribunal to assess the merits and quantum of Mr Lock's particular complaint.

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