Holiday pay V

Bear Scotland

  • EAT in Bear Scotland Ltd & Others v Fulton held Employment Rights Act provisions do not meet Working Time Directive
  • Include non-guaranteed overtime
  • By disapplying certain ERA provisions to ensure compatibility
  • But case limited to non-guaranteed overtime not commission

Lock v British Gas

  • The ECJ used their reasoning in Williams’ and held holiday pay should also include contractual commission where based on sales achieved
  • The Leicester Employment Tribunal has therefore now confirmed pay should include:
    • Commission payments; and
    • Non-guaranteed overtime (as per Bear Scotland)