Has the Supreme Court signalled that the law surrounding the Working Time Regulations has been settled, asks Charles Pigott
- The Supreme Court has refused permission to appeal in the latest round of holiday pay litigation.
- There are still some loose ends to tie up, but further assistance from the UK’s top court looks unlikely.
British Gas’s application for permission to appeal against last year’s Court of Appeal decision in Lock v British Gas [2016] EWCA Civ 983, [2016] IRLR 946 was refused on 28 February. The reason given was that the application did not raise an arguable point of law. So does this mean that the law on the calculation of statutory holiday pay is now settled?
The commission issue
Last year’s Court of Appeal decision was ostensibly about the narrow issue of whether the Working Time Regulations (SI 1998/1833) (WTR) could be interpreted in a way that was consistent with the judgment of the Court of Justice of the European Union (CJEU) in the same litigation ([2014] All ER (EC) 1194, [2014] IRLR 648). That decision established the principle that results-based commission must
