Lock v British Gas Trading Ltd and Others [2013] CJEU Case C-539/12 Advocate General's Opinion

Mr. Lock (C) earned a fluctuating amount of monthly commission that made up over 60% of earnings with his employer, British Gas Trading Ltd and Others (P). Questions were raised by C concerning the manner in which the amount of the remuneration paid during annual leave is to be calculated.

The issue raised was whether or not, when remuneration received by a worker comprises of a fixed component and an inconstant competent, the latter must form part of the remuneration to which a worker is entitled in respect of his paid annual leave. C was on paid annual leave from 19 December 2011 to 3 January 2012. During this period his pay comprised of basic pay and the commission he had eared in