British Gas Trading Ltd v Lock and anor Posted In: Case Law
Legal BodyEmployment Appeal Tribunal (UKEAT)
Type of Claim / JurisdictionWorking Time and Leave, Pay and Conditions of Employment
The EAT has delivered its judgement in the British Gas and Lock case.
Readers will be aware that this test case involved a salesperson who received a basic salary and results-based commission. He received commission whilst on holiday as part of payments earned before the holiday but, because he had no way of earning commission on holiday, he received lower pay upon his return. He argued he should have had this average regular commission included in his post-holiday pay - to do otherwise flew in the face of the reasoning in Bear Scotland & Others v Fulton & Others  ICR 221 in relation to overtime payments and acted as a disincentive for Mr Lock to take holidays. Such
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