British Gas Trading Ltd v Lock and anor [2016]

  • Case Reference
    0189/15/BA
  • Legal Body
    Employment Appeal Tribunal (UKEAT)
  • Type of Claim / Jurisdiction
    Working Time and Leave, Pay and Conditions of Employment
Issues covered: Directive on Organisation of Working Time; Calculation of Holiday Pay; Commission; Compatibility of Regulations

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 [2015] ICR 221

Already a subscriber?

Click here to login and access 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

Already a subscriber, now or Start my free trial today

This article is correct at 26/02/2016
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.

Legal-Island
Legal-Island

The main content of this article was provided by Legal-Island. Contact telephone number is 028 9446 3888 / 01 401 3874 or email scott@legal-island.com

View all articles by Legal-Island