Holiday Pay News – Insolvency fund to include commission

The EAT has decided that the Insolvency Fund should base its holiday pay calculations to include contractual commission. This decision has been backdated and is relevant to any person who has applied for monies from the insolvency fund. The Fund will be contacting people who have applied since August 2011, but anyone who applied before [...]

Dudley Metropolitan Borough Council v Willetts and others

Dudley Metropolitan Borough Council v Willetts and others Good morning and welcome back to your weekly case law update. Last week’s newsletter had features on the abolition of Tribunal Fees, the Taylor Review and the BBC Gender Paygap Data – a landmark month for employment law. This week’s case, Dudley Metropolitan Borough Council v Willetts [...]

British Gas v Lock – Latest holiday pay judgment

Judgement has been handed down in one of the long running holiday pay cases that dates back to 2014. The Court of Appeal has ruled that commission should be included in holiday pay, affirming the previous decision of the EAT. However, once again the judgement did not indicate any time period over which the holiday [...]

Holiday entitlement – Easter conundrum

If you haven’t been in a supermarket since Christmas and not seen the inordinate amount of chocolate on the shelves, you might not know that Easter is incredibly early this year, with Bank Holidays falling on 25th and 28th March. Last year the Easter Bank Holidays fell on 3rd and 6th April. Next year Easter [...]

Lock v British Gas – Holiday Pay Commission judgment

Following our January forecast the judgement in Lock v British Gas has been released. Anyone not already doing so should calculate normal pay to include commission. There is nothing new in the decision but it does make the previous ones more binding. The principles on holiday pay are now clear: 1. Taking holiday must not financially [...]

Holiday Pay – Employees miss the boat for backdated claims

When the Bear Scotland verdict was published last year many employers were wary employees could bring backdated holiday pay claims back to 1998 when the Working Time Regulations were introduced. As of 1st July if you are yet to receive a claim you are now safer from historical claims. However employers are still liable for [...]