header-logo header-logo

21 October 2016
Issue: 7719 / Categories: Case law , Law digest , In Court
printer mail-detail

Employment

British Gas Trading Ltd v Lock and another [2016] EWCA Civ 983, [2016] All ER (D) 49 (Oct)

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.

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

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

NLJ Career Profile: Daniel Burbeary, Michelman Robinson

Daniel Burbeary, office managing partner of Michelman Robinson, discusses launching in London, the power of the law, and what the kitchen can teach us about litigating

Sidley—Jeremy Trinder

Sidley—Jeremy Trinder

Global finance group strengthened by returning partner in London

Joelson—Jennifer Mansoor

Joelson—Jennifer Mansoor

West End firm strengthens employment and immigration team with partner hire

NEWS
The controversial Courts and Tribunals Bill has passed its second reading by 304 votes to 203, despite concerted opposition from the legal profession
The presumption of parental involvement is to be abolished, the Lord Chancellor David Lammy has confirmed
A highly experienced chartered legal executive has been prevented from representing her client in financial remedies proceedings, in a case that highlights the continued fallout from Mazur
Plans to commandeer 50%-75% of the interest on lawyers’ client accounts to fund the justice system overlook the cost and administrative burden of this on small and medium law firms, CILEX has warned
Lawyers have been asked for their views on proposals to change the penalties for assaulting a police officer
back-to-top-scroll