http://www.personneltoday.com/hr/holiday-pay-tribunal-decides-include-commission/
I am sure everyone has been watching this with interest.
Following last years' holiday pay appeal cases the EAT decision re Lock v British Gas has been published and explains how UK legislation will give effect to the ECJs ruling that commission should be included in holiday pay calculations.
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Replies
HI Sarah
Yes however, this is mainly due to the fact that over half of his pay was made up of commission. The issues that we will need to keep our eye on is whether or not the WTDs will be adjusted to reflect this case in the coming months. Most importantly what those calculations will include ie. 12 weeks or 12 months consideration, will this lead to the inclusion of overtime payments. However it is good news that 'when', most likley, this occurs within the WTD we will all have clear guidelines to follow and that back payments will be reduced to a 24 month period from the 1st July.
Nic
Hi Nic
Yes you are quite right one to watch closely to see how it all turns out in the wash.
Sarah