by Laurie Anstis on March 25, 2015
Following the decision of the ECJ in Lock v British Gas, the case returned to the employment tribunal on 4 & 5 February 2015 for consideration of how the ECJ’s decision should be applied.
The resulting employment tribunal judgment has now been published by Unison, who represented the successful claimants.
Employment Judge Ahmed decided that a new paragraph (e) needed to be read into regulation 16(3) of the Working Time Regulations 1998, so that those who received commission “or similar payment” were treated as falling under section 221 of the Employment Rights Act 1996 as workers whose remuneration varied with the amount of work done. As such, a broad averaging provision, including the amount of commission received, would apply to the calculation of their holiday pay.