Holiday pay and commission up in the air again

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We previously reported on the case of Lock v British Gas Trading and the decision of the Employment Tribunal that the Working Time Regulations should be read so that commission payments are included in holiday pay calculations. Unsurprisingly, British Gas have appealed this decision and whatever the outcome in the Employment Appeal Tribunal, it seems likely that there will be a further appeal to the Court of Appeal by whoever loses out. The uncertainty over commission payments and holiday pay therefore looks set to continue for some time to come.

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