Employment

The Court of Appeal dismissed an employer’s appeal against an interpretation by the employment tribunal of reg 16 of the Working Time Regulations 1998 (SI 1998/1833). The effect of that interpretation was to deem a “commission or similar payment” case that, but for such additional paragraph, would fall within s 221(2) of the Employment Rights Act 1996 as instead falling within s 221(3) and so to bring into play the 12 week averaging exercise for which it provided. That meant that the employee’s holiday pay was to be calculated to include an element referable to the amount of results-based commission he normally earned.