Has Lock developed the law on holiday pay, asks Sarah Johnson
The holiday pay saga continues with the Employment Appeal Tribunal (EAT) decision in British Gas Trading Ltd v Lock and another (UKEAT/0189/15/BA), [2016] All ER (D) 273 (Feb).
There is a lot riding on the case. According to the decision, Mr Lock’s is the lead claim in around 918 cases against British Gas around the country. Many thousands of similar claims against other respondents have been stayed pending its outcome.
Case facts
Mr Lock was a British Gas salesman paid a results-based commission based on the number and type of contracts he sold. Commission was not dependent on how much work he did. During holidays he was paid salary and any commission earned previously which was due for payment, but he did not generate any new commission. This reduced his income following his return. He claimed that his holiday pay should include commission and failure to pay was an unlawful deduction from wages.
The Working Time Directive (2003/88/EC) (Directive) entitles workers to four weeks’ paid annual holiday, but does not spell out how holiday pay
