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Commission and holiday pay case appealed

Posted on 13th May 2015
Case law

The solicitors acting for announced that British Gas has appealed the Lock decision which concluded that commission paid to Mr Lock should be included in the calculation of four weeks' of his holiday entitlement.

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Julie Temple Julie
Partner Telephone: 01473 694407

This appeal throws employers back in a state of uncertainty

The appeal has made against the employment tribunal decision from March 2015 to the Employment Appeal Tribunal (EAT).  

We understand that the two grounds of appeal are that:
  1. Commission and non-guaranteed overtime are dealt with under different provisions, which use different language, and the Tribunal incorrectly concluded that Bear Scotland, a case about overtime, had any bearing on the outcome of Lock.
  2. In any event, the EAT in Bear Scotland incorrectly concluded that our domestic legislation could be interpreted purposively to give effect to EU law.


In our view the prospects of a successful appeal are low, but whatever teh prospects, this appeal throws employers back in a state of uncertainty about what should and should not be included in the calculation of holiday pay.  We really sympathise especially as its possible the EAT will not consider the case until later this year or even in 2016, which is not to say that the decision will be known then. It can take some weeks or even months for the decision to given. If you are struggling to keep up and make sense of the spate of holiday pay case law get in touch and we will help you to unpack it.

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