header-logo header-logo

08 April 2016 / Sarah Johnson
Issue: 7693 / Categories: Features , Brexit , Employment
printer mail-detail

​A step forward?

istock_000076381325_web

Has Lock developed the law on holiday pay, asks Sarah Johnson

The holiday pay saga continues with the Employment Appeal Tribunal (EAT) decision in British Gas Trading Ltd v Lock and another (UKEAT/0189/15/BA), [2016] All ER (D) 273 (Feb).

There is a lot riding on the case. According to the decision, Mr Lock’s is the lead claim in around 918 cases against British Gas around the country. Many thousands of similar claims against other respondents have been stayed pending its outcome.

Case facts

Mr Lock was a British Gas salesman paid a results-based commission based on the number and type of contracts he sold. Commission was not dependent on how much work he did. During holidays he was paid salary and any commission earned previously which was due for payment, but he did not generate any new commission. This reduced his income following his return. He claimed that his holiday pay should include commission and failure to pay was an unlawful deduction from wages.

The Working Time Directive (2003/88/EC) (Directive) entitles workers to four weeks’ paid

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

Harneys—Maggie Kwok & George Weston

Harneys—Maggie Kwok & George Weston

Harneys senior leadership appointments

Freeths—Keith Browne & Jim Jordan

Freeths—Keith Browne & Jim Jordan

Freeths strengthens London Construction and Engineering practice with two strategic senior hires

Anthony Collins—Laura Moss

Anthony Collins—Laura Moss

Anthony Collins announces strategic hire to deepen skills base in the social business sector

NEWS
Existing defamation law can respond to AI ‘hallucinations’, but allocating responsibility will prove harder where outputs reach users without human intervention
The High Court has upheld a rare successful serious-irregularity challenge after an arbitrator relied on an implied term neither party had advanced
Thirty years after The Future of Law shook a profession still using fax machines, its central forecast looks increasingly less like prophecy and more like description
More than 100 teams from the legal and financial services sectors competed in five sports at the 51st Law Society RFC Festival of Sport earlier this month
Part-time status need only be an effective cause of less favourable treatment, rather than the sole cause, the Supreme Court has held in Augustine v Data Cars
back-to-top-scroll