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

Signature Litigation—Catherine Naylor

Signature Litigation—Catherine Naylor

International fraud and asset recovery offering boosted by partner hire

Stevens & Bolton—Alexa Payet

Stevens & Bolton—Alexa Payet

Private wealth disputes team adds contentious probate specialist

Morgan Lewis—Paul Feldberg

Morgan Lewis—Paul Feldberg

Firm strengthens investigations and sanctions capabilities with London partner hire

NEWS
Cheshire West, which established an ‘acid test’ for deprivation of liberty safeguards, has been overturned by the Supreme Court
The Chancery Division and other segments of the High Court are to be replaced by a new Business and Property Division (BPD), in a major civil justice shakeup
Law firms that hold client money will need to file annual accountants’ reports and make a declaration, the Solicitors Regulation Authority (SRA) confirmed this week
Two district judges and a tribunal judge have been sanctioned for delays in delivering judgments and orders
Private equity (PE) investment into UK law firms halved to £250m last year, but deal volume rose, according to research by Acquira Professional Services’ Momentum private equity market tracker
back-to-top-scroll