ECJ ruling in Lock affects holiday pay for commission-based employees
In ancient Roman myth, Janus was the god of beginnings and transitions, depicted as having two faces, since he looked to the future and to the past. Bringing myth to reality (and with apologies for the tortured metaphor), looking to the future and the past is exactly what the European Court of Justice’s (ECJ’s) decision in Lock v British Gas now requires employers to do. The decision has expensive implications (in a forward-looking sense of future wage bills and in a backwards-looking sense in relation to potentially significant claims) and it’s worth doing the groundwork now.
The ECJ’s finding — that holiday pay must include an element calculated to reflect future commission lost as a result of the employee taking leave — is, without doubt, a game-changer. It is likely to be followed by an Employment Appeal Tribunal (EAT) finding later this year that holiday pay should also include overtime (read on for more detail).
As reported in our January briefing this year, Mr Lock (a sales consultant) had brought a tribunal claim against British Gas for unpaid holiday. Mr Lock was paid a basic salary plus commission (paid in arrears) for sales made in preceding periods and his commission equated to around 60 per cent of his total income. While the pay he received during his holiday included commission from sales made in previous periods, he was obviously unable to make sales (and therefore generate future commission) during his holiday. The effect of him taking holiday, therefore, was that he suffered a reduced income in the period following his return to work…
Click on the link below to read the rest of the Walker Morris briefing.
News from Walker Morris
News from The Lawyer
Briefings from Walker Morris
The High Court has considered whether a claimant waived privilege in confidential documents simply because they had been seen by someone other than the claimant and his lawyer.
The FCA has published the above consultation paper, which sets out its intended approach to the implementation of a price cap for high-cost, short-term credit.
Analysis from The Lawyer
The law school war shows no signs of ending. But we have, perhaps, reached the end of the beginning.
New EU rules and lawyers’ increased comfort with digital formats are sparking a sea-change in the way law firms manage their documents