header-logo header-logo

11 July 2014 / Charles Pigott
Issue: 7614 / Categories: Features , Employment
printer mail-detail

All inclusive?

specialist_employment_pigott

The ECJ has opened the way to higher holiday pay for workers on commission, says Charles Pigott

Having spent over 10 years grappling with entitlement to statutory holiday pay, the courts are now turning their attention to how it is calculated. The latest development is the decision of the European Court of Justice (ECJ) in Lock v British Gas Trading Limited C-539-12 , which was published just in time for the late spring bank holiday.

The story so far

Lock is a reference made by the Leicester employment tribunal in late 2012 about the interpretation of Art 7 of the Working Time Directive 2003/88/EC, which establishes entitlement to four weeks’ paid annual leave across the EU. Around 60% of Mr Lock’s pay came from sales-based commission, but his holiday pay was based on his basic salary alone. As there was some time lag between closing the sales and receiving the commission they generated, Lock was not so much complaining about receiving too little pay when he was on holiday, but his inability to generate

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gibson Dunn—Richard Surtees

Gibson Dunn—Richard Surtees

Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

Laytons ETL—Alec Cameron

Laytons ETL—Alec Cameron

Laytons ETL appoints new partner and head of intellectual property disputes

Muckle LLP—Roland Fairlamb

Muckle LLP—Roland Fairlamb

Specialist associate solicitor rejoins Muckle’s leading employment team

NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
back-to-top-scroll