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Lock v British Gas Trading Limited [2014] CJEU

Posted In: Case Law
  • Case Reference
    C-539/12
  • Legal Body
    Court of Justice EU (CJEU/ECJ)
  • Type of Claim / Jurisdiction
    Working Time and Leave
Issues covered: Organisation of Working Time Directive; Annual Leave; Holiday Pay Calculation

In this important case, the European Court has ruled that holiday pay must not be reduced for workers who ordinarily receive commission. It makes no difference that, as in the case of Mr Lock, an Internal Energy Sales Consultant for British Gas, the commission was paid during his holiday periods - his inability to earn commission whilst on leave was a disincentive to take annual leave - which is an EU right from which there is no derogation permitted for Member States. Payment and leave are inextricably linked:

"Directive 2003/88 [Organisation of working time] treats entitlement to annual

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This article is correct at 23/05/2014
Disclaimer:

The information in this article is provided as part of Legal-Island's Employment Law Hub. We regret we are not able to respond to requests for specific legal or HR queries and recommend that professional advice is obtained before relying on information supplied anywhere within this article.

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