Holiday pay and commission British Gas's flame is finally extinguished

British Gas has been refused permission to appeal to the Supreme Court in its long-running dispute with Mr Lock and whether his holiday pay should include his results-based commission.

The case now returns to the tribunal for it to work out how much Mr Lock is owed.The situation now is that the Working Time Regulations can be interpreted to give effect to the European Court’s ruling in the Lock case. As such, results-based commission must be included in the calculation of holiday pay for the first four weeks of holiday under the WTR. See http://www.crosslandsolicitors.com/site/crossland_news/British_gas_lock_court_appeal_holiday_pay_html_2016 

for the Court of Appeal decision in this case.

Unions have commented that this result could be at risk if the UK opts for a so-called ‘hard Brexit’. But the Prime Minister has been at pains to point out (more than once) that workers’ rights will not be diminished as a result of the UK’s exit from the EU.