Case law round-up June 2014: Lock v British Gas Trading; Neal v Freightliner Ltd; and more
Holiday pay should include commission — Lock v British Gas Trading Ltd [C-539/12]
The European Court of Justice (ECJ) has handed down an important decision that affects the calculation of holiday pay for workers whose pay includes an element of commission. In a nutshell, it found that a worker’s holiday pay must include an amount calculated to reflect the amount of commission the employee will lose out on in the future as a result of taking leave. This decision will significantly affect those sectors where pay arrangements include commission structures, in particular those who employ workers on set working hours and who pay a basic salary plus commission.
Affected employers will need to digest the implications of this decision and consider what action, if any, they should take at this stage.
Holiday pay and overtime — Neal v Freightliner Ltd [ET/1315342/12]
On 30 and 31 July, the Employment Appeal Tribunal (EAT) is due to hear the appeal in the case of Neal v Freightliner Ltd, which centres on the issue of whether non-compulsory overtime should be included in holiday pay calculations under the Working Time Regulations…
Click on the link below to read the rest of the Walker Morris briefing.
Sign in or Register to continue reading this article
It's quick, easy and free!
It takes just 5 minutes to register. Answer a few simple questions and once completed you’ll have instant access.Register now
Why register to The Lawyer
In-depth, expert analysis into the stories behind the headlines from our leading team of journalists.
Identify the major players and business opportunities within a particular region through our series of free, special reports.
Receive your pick of The Lawyer's daily and weekly email newsletters, tailored by practice area, region and job function.
More relevant to you
To continue providing the best analysis, insight and news across the legal market we are collecting some information about who you are, what you do and where you work to improve The Lawyer and make it more relevant to you.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
Civil litigation in recent years has been dominated by cases and commentary concerned with costs, court fees, procedure and proportionality.
Key points on a clarification of the remedies available for misrepresentation.
Analysis from The Lawyer
Which firms are cutting it in this era of slimline rosters, and who are the GC new brooms making clean sweeps? The Lawyer can reveal all
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.