British Gas Trading Ltd v Lock & Anor (Working Time Regulations : Holiday pay) [2016] UKEAT 0189_15_2202 (22 February 2016)

British Gas Trading Ltd v Lock & Anor (Working Time Regulations : Holiday pay) [2016] UKEAT 0189_15_2202 (22 February 2016)

The Employment Appeal Tribunal held that the Working Time Regulations 1998 can and must be interpreted to require that results-based commission is included in the calculation of holiday pay, in conformity with Article 7 of the EU Working Time Directive as interpreted by the CJEU. The Bear Scotland decision is not...

Source-derived case information.

Citation
[2016] UKEAT 0189_15_2202
Parties
Appellant: British Gas Trading Ltd; First Respondent: Mr Z J Lock; Second Respondent: Secretary of State for Business, Innovation and Skills
Jurisdiction
United Kingdom
Judgment Date
22 February 2016
Procedural Posture
Employment Appeal Tribunal / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Holiday Pay, Working Time Regulations, Interpretation of Domestic Law in Light of EU Law, Commission Payments, Conforming Interpretation
Employment Law European Union Law Holiday Pay Working Time Regulations Interpretation of Domestic Law in Light of EU Law Commission Payments Conforming Interpretation

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Parties

British Gas Trading Ltd

Appellant

Mr Z J Lock

First Respondent

Secretary of State for Business, Innovation and Skills

Second Respondent

Procedural Posture

Employment Appeal Tribunal / Appeal Judgment

Legal Issues

  1. 1 Whether domestic legislation (Working Time Regulations 1998 and Employment Rights Act 1996) can be interpreted to require inclusion of commission in holiday pay to conform with Article 7 of the EU Working Time Directive as interpreted by the CJEU.

Ratio Decidendi

The Employment Appeal Tribunal held that the Working Time Regulations 1998 can and must be interpreted to require that results-based commission is included in the calculation of holiday pay, in conformity with Article 7 of the EU Working Time Directive as interpreted by the CJEU. The Bear Scotland decision is not manifestly wrong and there are no exceptional circumstances to depart from it.

Court Disposition

Appeal dismissed

Orders

  • The appeal by British Gas is dismissed.
  • The Employment Tribunal's decision is upheld, requiring inclusion of commission in holiday pay calculations.