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Case Law

British Gas refused the right to appeal in long running holiday pay case

I understand that the Supreme Court has denied British Gas the right to appeal against the Court of Appeal’s decision.

The decision

You can read my commentary about the Court of Appeal’s decision here. Simplistically, the Court of Appeal confirmed that an employee’s entitlement to four weeks’ paid statutory annual leave should be calculated to take into account results-based commission.

As the Supreme Court has refused permission for British Gas to appeal, this is the end of the road in this long running saga, at least so far as results-based commission is concerned.

Comment

If you have been holding off making any decisions on whether to include commission in the calculation of holiday pay pending appeal of this decision to the Supreme Court, you now need to think carefully about your next steps. I would be pleased to hear from you as I am the resident holiday pay expert at Quantrills!  I can help you decide the correct approach for your organisation moving forward.

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