Lock v British Gas Trading Limited  CJEUPosted in: Case Law
Legal BodyCourt of Justice EU (CJEU/ECJ)
Type of Claim / JurisdictionWorking Time and Leave
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
Already a subscriber?
Click here to login and access the full article.Log in now to read the full article
Don't miss out, start your free trial today!
Are you fully aware of the benefits of Legal-Island's Employment Law Update Service? We help hundreds of people like you understand how the latest changes in employment law impact on your business.
Help understand the ramifications of each important case from NI, GB and Europe
24/7 access to all the content in the Legal Island Vault for research case law and HR issues
Ensure your organisation’s policies and procedures are fully compliant with NI law
Receive free preliminary advice on workplace issues from Maxine Orr, Partner at Worthingtons Solicitors
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.