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.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

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.

About this article

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.

Monica Atwal

Managing Partner

View profile

+44 118 960 4605

About this article

Read, listen and watch our latest insights

art
  • 19 April 2024
  • Employment

Amanda Glover comments on ‘Employment law isn’t working for anyone’ for HR Magazine

In HR magazine, Amanda Glover, Associate at Clarkslegal responds to the recent article titled ‘Employment law isn’t working for anyone’ by Libby Purves in The Times last week.

art
  • 17 April 2024
  • Immigration

Shaping Britain’s Future: updates to Skilled Worker and Family visas

In December 2023, the UK government, under Home Secretary James Cleverly, announced a five-point plan aimed at reducing net migration, with significant revisions to visa regulations.

art
  • 17 April 2024
  • Employment

‘Injured feelings’- Vento Bands price increase 2024

Injuring someone’s feelings through acts of discrimination, harassment or victimisation can be a costly business.

art
  • 17 April 2024
  • Employment

FAQs on the long awaited amendments to Statutory Paternity Leave

This April has seen a wave of new family friendly rights come into force. Amongst these, is the long awaited amendments to Statutory Paternity Leave.

art
  • 10 April 2024
  • Employment

New Guidance: Confidence to Recruit

The new Government guide in collaboration with the CIPD aims to give employers the confidence to recruit its workforce from a wider range of people including those who may have been overlooked in the past as a problem rather than an asset.

art
  • 03 April 2024
  • Employment

FAQ’s on the new Carer’s Leave Act

Beginning on 6 April 2024, the Carer’s Leave Act comes into force, meaning carers are now entitled to request 1 week’s unpaid leave to care for their dependants.