Search

How can we help?

Icon

Breaking holiday pay news – Mr Lock successful at EAT

The Employment Appeal Tribunal (EAT) has today handed down its judgment in the case of Lock v British Gas and found in favour of Mr Lock.

Mr Lock was employed by British Gas as a salesman and his remuneration package included his basic salary plus commission for customer sales. When he took holiday he was paid his basic pay only and lost out on the chance to earn commission and brought a successful claim for unlawful deductions from wages which his employer appealed. The EAT has found that the Working Time Regulations can be interpreted in a way which conforms with EU law and hence that Mr Lock was entitled to holiday pay that included an element for the amount of commission he would normally receive when working.

Chambers and Partners

The Clarkslegal team are commercial and good to work with. They get what our business needs and tell me what I need to hear.

This decision, subject to any further appeal in the matter, confirms the EAT’s earlier decision in the Bear Scotland case,which concerned the Working Time Regulations and the calculation of holiday pay, which in that case was  in the context of non guaranteed overtime (see our previous update).

This will have a significant impact on holiday pay practices for employers who pay not only commission but also other payments to their staff, in addition to basic pay. We will be posting a more detailed update once we have reviewed the decision fully.

Disclaimer

This information is for guidance purposes only and should not be regarded as a substitute for taking legal advice. Please refer to the full General Notices on our website.

Author profile

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

employmentboddy logo
clipboard logo HR Resources

Managing requests for religious holidays checklist

Information checklist for managing requests for religious holiday from employees.

Read, listen and watch our latest insights

art
  • 02 April 2026
  • Commercial Real Estate

Can I have access to a neighbour’s land to carry out works to my property?

As a landowner, maintaining and repairing your property is important. It may be the case that to do so, you will need to access the land of a neighbour.

art
  • 01 April 2026
  • Privacy and Data Protection

Recognising DSARs: top tips for organisations

The UK GDPR grants Data Subjects, who are the individuals to whom the personal data relates, rights over their personal data, including the rights of access, correction and erasure.

art
  • 30 March 2026
  • Employment

Legislative Changes – What Employers Need to Know for April 2026

With the phased implementation of the Employment Rights Act 2025 (ERA), alongside other legislative updates, April 2026 brings a wide range of important changes for employers.

Pub
  • 27 March 2026
  • Corporate and M&A

Shareholder Disputes: What to do when disputes arise – Episode 4

Join Stuart Mullins and Jack Hobbs for episode four of our Shareholder Disputes podcast series as they confront the realities of shareholder fallouts and share practical strategies for managing these complex situations.

art
  • 24 March 2026
  • Immigration

Spouse Visa – Is your relationship genuine and subsisting?

For years many couples have become frustrated by the requirements for a spouse visa as the rules and guidance are difficult to understand. A significant amount of applications are rejected on the basis of the applicant not providing the adequate documents to evidence the relationship requirement.

art
  • 20 March 2026
  • Corporate and M&A

Drag-Along & Tag-Along Rights: Why Every Company Needs Them

When starting a company, very few founders are aware of the potential issues around shares, share ownership and the implications of that when selling their company.