Health and Safety Law 2024 (October 2024)

Another important ruling by the ECJ, again brought by UNISON, secured holiday pay for workers, such as many sales workers, whose pay is made up of results-based commission (Lock v British Gas Trading Limited [2014] IRLR 648). This ruling confirms that holiday pay must include any commission the worker would have earned had they not been on holiday. Over 60% of Mr Lock’s wages were made up of commission. Losing this part of his pay was a major deterrent to taking holiday and a breach of the WTD.

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