COMMISSION IN HOLIDAY PAY APPEAL DISALLOWED IN Lock v British Gas
Big utility firm have application to appeal thrown out by the Supreme Court
British Gas? holiday pay challenge in the now infamous case with huge implications is no more after the Supreme Court rejected it on 28th February 2017.
Last autumn, the Court of Appeal found in favour of Mr Lock after subsequent victories in the Employment Tribunals and the Employment Appeal Tribunal but British Gas?s decision to continue its challenge meant that MR Lock and potentially thousands of employees across the UK have had to wait to recover what is owed to them.
In essence, the finding in the Lock case means that the amount employees with contractual commission schemes receive when on holiday must be based on both their basic pay and any commission they earn.
The case will now go back to the employment tribunal to calculate the amount Mr Lock is owed.
There are over 700 others currently held in abeyance in the Employment Tribunals pending the outcome of Mr Lock?s case. These should now be taken forward based on the Supreme Court?s decision.
For our previous posts on the Lock case, please go here: http://www.pinnaclepartnership.co.uk/employment-law/landmark-ecj-decision-holiday-pay-should-include-commission/